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PIETRAFESO v. LAWRENCE COUNTY, S.D.

Nos. 05-1038, 05-1096.

452 F.3d 978 (2006)

Kimberly PIETRAFESO, as Personal Representative of the Estate of Rocco Pietrafeso, deceased, Plaintiff-Appellant/Cross Appellee, v. LAWRENCE COUNTY, SOUTH DAKOTA, et al., Defendants-Appellees/Cross Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 11, 2006.

Attorney(s) appearing for the Case

Michael W. Strain, argued, Sturgis, SD (Gregory M. Garrison, San Diego, CA, on the brief), for appellant.

Thomas E. Brady, argued, Spearfish, SD, for appellee.

Before LOKEN, Chief Judge, LAY and SMITH, Circuit Judges.

LOKEN, Chief Judge.

Rocco Pietrafeso (Rocco) died following an acute asthma attack while detained at the Lawrence County Jail in Deadwood, South Dakota. His widow, Kimberly, filed this § 1983 action alleging that Lawrence County and four County officials — Chief Deputy Sheriff Joe Harmon, jail administrator Dale Larson, head jailer Bob Williams, and jailer Roger Asheim — were deliberately indifferent to Rocco's serious medical needs when they delayed...

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