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IVEY v. AUDRAIN COUNTY, MISSOURI

No. 19-2507.

968 F.3d 845 (2020)

David IVEY, Plaintiff-Appellee v. AUDRAIN COUNTY, MISSOURI, Defendant-Appellant. Stephanie Hildebrand, individually and in her official capacity as a nurse for the Audrain County Jail; John Doe, individually and in his official capacity as a guard for the Audrain County Jail, Defendants. Richard White, individually and in official capacity as guard-Audrain County Jail; Nathanael Atkinson, individually and in official capacity as guard-Audrain County Jail; Nicholas Jensen, individually and in official capacity as guard-Audrain County Jail, Defendants-Appellants. Advanced Correctional Healthcare, Inc.; M.D. Shawndra Brown-Foote, Defendants.

United States Court of Appeals, Eighth Circuit.

Filed: August 4, 2020.

Attorney(s) appearing for the Case

Counsel who presented argument on behalf of the appellants and appeared on the brief was Rachel Bates, of Kirkwood, MO. The following attorney(s) appeared on the appellants brief; Robert John Krehbiel , of Kirkwood, MO., Jason Scott Retter , of Kirkwood, MO., Blake Hill , of Kirkwood, MO.

Counsel who presented argument on behalf of the appellee and appeared on the brief was Patrick R. McPhail , of Saint Louis, MO. The following attorney(s) appeared on the appellee brief; John G. Simon , of Saint Louis, MO., Kevin M. Carnie, Jr. , of Saint Louis, MO.

Before LOKEN, ARNOLD, and GRASZ, Circuit Judges.

After Mark Ivey tragically died while jailed in Audrain County, Missouri, his father, a proper plaintiff under Missouri's wrongful death statute, see Mo. Rev. Stat. § 537.080.1(1), sued, as relevant, three jail employees under 42 U.S.C. § 1983, claiming they were deliberately indifferent to Ivey's serious...

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