SCOTT v. BENSON

No. 12-3356.

742 F.3d 335 (2014)

Daniel J. SCOTT, Plaintiff-Appellee v. Mary BENSON, ARNP, Defendant-Appellant Iowa Civil Commitment Unit for Sex Offenders; Dr. Jason Smith, Director, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: February 4, 2014.


Attorney(s) appearing for the Case

Gretchen Kraemer , AAG, argued, Des Moines, IA.

Patrick Thomas Parry , argued, Sioux City, IA.

Before LOKEN and GRUENDER, Circuit Judges, and PHILLIPS, District Judge.


GRUENDER, Circuit Judge.

Daniel Scott filed this 42 U.S.C. § 1983 action alleging that Mary Benson provided him constitutionally deficient medical care. The district court denied Benson's motion for summary judgment on the basis of qualified immunity. We conclude that the district court applied the wrong constitutional standard and, therefore, vacate the denial of summary judgment and remand this case for consideration under the correct constitutional standard...

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