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AMBROSE v. YOUNG

No. 05-4363.

474 F.3d 1070 (2007)

Lee AMBROSE, Trustee for the next of kin of Neil Ambrose, and Personal Representative of the Estate of Neil Andrew Ambrose, Appellee, v. Major Darin YOUNG; Mark W. Tisland; and Douglas Weber, Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: January 23, 2007.

Attorney(s) appearing for the Case

James E. Moore, argued, Sioux Falls, South Dakota, for appellant.

James A. Lavoie, argued, Minneapolis, Minnesota (Ben Lavoie and Stephanie Pochop, on the brief), for appellee.

Before BYE, LAY, and RILEY, Circuit Judges.

RILEY, Circuit Judge.

Lee Ambrose, personal representative of Neil Ambrose's (Ambrose) estate, filed this action pursuant to 42 U.S.C. § 1983, alleging three South Dakota Department of Corrections (DOC) officials (collectively, the officials) violated Ambrose's Eighth Amendment rights by failing to protect Ambrose during a DOC work detail, which resulted in Ambrose's electrocution death caused by a downed power line. The district court denied the officials' motion...

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