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SMITH v. CONWAY COUNTY, ARK.

No. 13-3095.

759 F.3d 853 (2014)

Dwain SMITH, Plaintiff-Appellee v. CONWAY COUNTY, ARKANSAS, A Public Body Corporate and Politic; Mike Smith, In His Official Capacity as Sheriff for Conway County, Arkansas, Defendants-Appellants Cheryl Eoff, In Her Individual and Official Capacity as Jail Administrator for Conway County Detention Center, Defendant Jacob Zulpo, In His Individual and Official Capacity as Jailer for the Conway County Detention Center; Jansen Choate, In His Individual and Official Capacity as Jailer for the Conway County Detention Center; Rick Emerson, In His Individual and Official Capacity as Jail Administrator for Conway County Detention Center, Defendants-Appellants.

United States Court of Appeals, Eighth Circuit.

Filed: July 16, 2014.

Attorney(s) appearing for the Case

Jason E. Owens , argued, Little Rock, AR, for Appellant.

Michael R. Rainwater , on the brief, Little Rock, AR, for Appellant.

Austin Porter, Jr. , argued and on the brief, Little Rock, AR, for Appellee.

Before RILEY, Chief Judge, BENTON and KELLY, Circuit Judges.

RILEY, Chief Judge.

On the morning of February 28, 2012, police officers arrested Dwain Smith on a charge of delivering a controlled substance (hydrocodone) and took him to the Conway County, Arkansas (county), jail. Later that day, a jailer, Jacob Zulpo, with the assistance of a fellow jailer, Jansen Choate, used a taser on Smith as Smith lay moaning in his bunk complaining he was in pain and could not get up. Zulpo had not received any training on the use of a taser...

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