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GORDON EX REL. GORDON v. FRANK

No. 05-3981.

454 F.3d 858 (2006)

Cynthia F. GORDON, as Trustee for the Heirs and Next of Kin of Walter Valentino GORDON, Deceased, Plaintiff-Appellee, v. Sheriff James FRANK; Deputy William Harrell, Defendants, Sgt. David Frantsi, Defendant-Appellant, Sgt. Garrett Kleinendorst, Defendant, Corrections Officer Lois Arends; Corrections Officer Vincent Deschene, Defendants-Appellants, Corrections Officer John Kuenkel; Allen Clevenger, R.N.; John Doe; Jane Row, (whose true names are unknown), Defendants, County of Washington, Defendant-Appellant.

United States Court of Appeals, Eighth Circuit.

Filed: July 21, 2006.

Attorney(s) appearing for the Case

Jon K. Iverson, argued, Bloomington, MN (Jason J. Kuboushek, on the brief), for appellants.

Jordan S. Kushner, argued, Minneapolis, MN, for appellee.

Before MURPHY, BEAM, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Cynthia F. Gordon sued Washington County, its sheriff and prison staff under both Minnesota tort law and 42 U.S.C. § 1983 for violating her husband's Eighth Amendment right to be free from cruel and unusual punishment. Sgt. David E. Frantsi, Officers Lois Arends and Vincent Deschene, and Washington County moved for summary judgment based on qualified and official immunity. The district court1 denied the motion...

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