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DOE EX REL. THOMAS v. TSAI

No. 10-2655.

648 F.3d 584 (2011)

Jane DOE, for herself, and by and through her Parent and natural guardian, Pauline THOMAS; John Doe, for himself, and by and through Nickole Thomas, his Parent and natural guardian; Pauline Thomas, for herself; Nickole Thomas, for herself, Appellants, v. Dr. Al TSAI, M.D., in his individual capacity; Sherrie Murphy, R.N., in her individual capacity; Sgt. Chris Pickhardt, in his individual capacity; Laura Hauser, in her individual capacity; Marjorie Hogan, M.D., in her individual capacity; Hennepin County Medical Center; William Minor, R.N., Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: August 3, 2011.

Attorney(s) appearing for the Case

Jill E. Clark , argued, Golden Valley, MN, for appellants.

Tracey Nelson Fussy , argued, Sara J. Lathrop and Amanda M. Trelstad , on the brief, Minneapolis, MN, for Appellee Pickhardt.

Katherine A. McBride , argued, Barbara A. Zurek and Amy L. Maddox , on the brief, Minneapolis, MN, for Appellees Tsai and Hogan.

Michael B. Miller , argued, Minneapolis, MN, for Appellees Murphy, Hauser, Hennepin County Medical Center and Minor.

Before WOLLMAN, BYE, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

The Appellants appeal the district court's1 adverse grant of summary judgment and denial of their partial motion for summary judgment on their claims under 42 U.S.C. § 1983 that the Appellees violated their constitutional rights. We affirm.

I.

We recite the facts in the light most favorable to the Appellants. At 5:30 in the morning, Pauline Thomas...

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