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KAHLE v. LEONARD

No. 06-2485.

477 F.3d 544 (2007)

Mindy KAHLE, Plaintiff/Appellee, v. Jermaine LEONARD, individually and in his official capacity, Defendant; Deputy Tim Malone, individually and in his official capacity, Defendant/Appellant; Sheriff Don Holloway, individually and in his official capacity; Pennington County Sheriff's Office; Pennington County Jail; Scott Schuft, individually and in his official capacity, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 12, 2007.

Attorney(s) appearing for the Case

Donald Paul Knudsen, argued, Rapid City, SD (James S. Nelson, on the brief, Rapid City, SD), for appellant.

Brad J. Lee, argued, Rapid City, SD, (Steven C. Beardsley, Rapid City, SD, on the brief), for appellee.

Before LOKEN, Chief Judge, MELLOY, Circuit Judge, and SCHILTZ, District Judge.

SCHILTZ, District Judge.

Deputy Tim Malone appeals from the denial of his motion for summary judgment in Mindy Kahle's 42 U.S.C. § 1983 action. Kahle alleges that Malone violated her constitutional rights while she was detained at the Pennington County Jail in Rapid City, South Dakota. Specifically, Kahle alleges that Malone, a supervisor at the Jail, was deliberately indifferent to a substantial risk that she would be sexually assaulted by correctional officer...

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