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McRAVEN v. SANDERS

No. 08-3543.

577 F.3d 974 (2009)

Jan McRAVEN, guardian of the person and estate of Steven McFarland, an incapacitated person, Plaintiff-Appellee, v. Larry SANDERS, individually and as Sheriff of Garland County, Arkansas; Captain Mel Steed, individually and as jail administrator for adult detention for Garland County, Arkansas, Defendants, Lt. McMurrian, individually and as a supervisory officer for Garland County, Arkansas; Sgt. Radley, individually and as 7AM-3PM shift supervisor for the Garland County Detention Center; Sgt. Dan Ansley, individually and as 3PM-11PM shift supervisor for the Garland County Detention Center, Defendants-Appellants, Cpl. Forrest L. Marks, individually and as an officer of the Garland County Sheriff's Department, Defendant, Deputy Dodge, individually and as an officer of the Garland County Sheriff's Department; Deputy J.D. Henry, individually and as officer of the Garland County Sheriff's Department; Nurse Tommy L. Harmon, LPN, individually and as nurse for the Garland County Adult Detention Center, Defendants-Appellants, Officer Nick Dodd, Certified D.R.E., individually and as a member of the Hot Springs, Arkansas Police Department, Defendant.

United States Court of Appeals, Eighth Circuit.

Filed August 20, 2009.

Attorney(s) appearing for the Case

Ralph Charles Ohm, Hot Springs, AR, argued, for appellant.

Ashley Rebecca Hudson, argued, Morgan E. Welch, on the brief, North Little Rock, for appellee.

Before BYE, HANSEN, and BENTON, Circuit Judges.

BENTON, Circuit Judge.

Jan McRaven sued Garland County officials under 42 U.S.C. § 1983 and the Arkansas Civil Rights Act, Ark.Code § 16-123-105, on behalf of Steven Ross McFarland, an incapacitated person. The district court1 denied qualified immunity to six defendants. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Around 8:45 a.m. on February 13, 2007, Arkansas State Police arrested...

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