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KAUBISCH v. WEBER

No. 04-2124.

408 F.3d 540 (2005)

George KAUBISCH, as the Guardian of Gregory Kaubisch, Appellant, v. Doug WEBER, Warden; Sioux Valley Hospital Association, Inc.; also known as Sioux Valley Hospital; Dr. Ulises Pesce; John Doe, Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: May 27, 2005.

Attorney(s) appearing for the Case

Stephanie Pochop, argued, Gregory, SD (Rick Johnson, on the brief), for appellant.

James E. Moore, argued, Sioux Falls, SD, for Appellee Weber.

Mark F. Marshall, argued, Sioux Falls, SD, for Appellee Sioux Valley Hospital.

Before MURPHY, HANSEN, and SMITH, Circuit Judges.

SMITH, Circuit Judge.

George Kaubisch, as guardian for Gregory Kaubisch, sued Doug Weber, Sioux Valley Hospital, Dr. Ulises Pesce, and other unnamed persons under 42 U.S.C. § 1983 seeking damages arising from a beating Gregory Kaubisch received from another inmate in the South Dakota State Penitentiary. While the suit was pending, Gregory Kaubisch died from his injuries. After Gregory Kaubisch's death, George Kaubisch did not file a motion to substitute parties...

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