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KARSJENS v. LOUREY

No. 18-3343.

988 F.3d 1047 (2021)

Kevin Scott KARSJENS; David Leroy Gamble, Jr.; Kevin John DeVillion; Peter Gerard Lonergan; James Matthew Noyer, Sr.; James John Rud; James Allen Barber; Craig Allen Bolte; Dennis Richard Steiner; Kaine Joseph Braun; Christopher John Thuringer; Kenny S. Daywitt; Bradley Wayne Foster; Brian K. Hausfeld, and all others similarly situated, Plaintiffs-Appellants, v. Tony LOUREY; Kevin Moser; Peter Puffer; Nancy Johnston; Jannine Hebert; Ann Zimmerman, in their individual and official capacities, Defendants-Appellees.

United States Court of Appeals, Eighth Circuit.

Filed: February 24, 2021.

Attorney(s) appearing for the Case

Raina Borrelli , Karla M. Gluek , David A. Goodwin , Daniel E. Gustafson , GUSTAFSON & GLUEK, Minneapolis, MN, for Plaintiffs-Appellants.

Scott Hiromi Ikeda , Adam H. Welle , Aaron Edward Winter , Assistant Attorneys General, ATTORNEY GENERAL'S OFFICE, Saint Paul, MN, for Defendants-Appellees.

Before BENTON, SHEPHERD, and KELLY, Circuit Judges.

This 42 U.S.C. § 1983 action, on appeal for the second time, requires us to clarify the legal standard applicable to the conditions of confinement claims brought by these civilly committed individuals. Having jurisdiction under 28 U.S.C. § 1291, we conclude that the district court employed the wrong legal standard...

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