153 F.3d 591 (8th Cir. 1998), 97-3255, Collins v. Bellinghausen
|Docket Nº:||97-3255, 97-3256 and 97-2357.|
|Citation:||153 F.3d 591|
|Party Name:||Karen COLLINS, and on behalf of Edna Mae Campbell, Plaintiff/Appellee, v. Gary BELLINGHAUSEN, Defendant/Appellant, Joyce Lewis, Defendant, Rick Meyer, Lena Knight, Defendants, David Willis, Defendant/Appellant, James Comstock, Defendant, Angela Knipple, Defendant/Appellant. Karen COLLINS, and on behalf of Edna Mae Campbell, Plaintiff/Appellee, v. G|
|Case Date:||August 10, 1998|
|Court:||United States Courts of Appeals, Court of Appeals for the Eighth Circuit|
Submitted Feb. 9, 1998.
Rehearing and Suggestion for Rehearing En Banc Denied Sept.
[Copyrighted Material Omitted]
Steven J. Andreasen, Sioux City, IA, argued (G. Daniel Gildemeister and Lisa M. Kroger, on the brief), for Angela Knipple.
Mary Vavroch, Des Moines, IA, argued, for Joyce Lewis.
James Comstock Estherville, IA, argued, for Stockdale.
Philip B. Mears, Iowa City, IA, argued, for Karen Collins.
Before RICHARD S. ARNOLD, 1 Chief Judge, WOLLMAN, Circuit Judge, and LIMBAUGH 2, District Judge.
WOLLMAN, Circuit Judge.
Karen Collins, individually, and on behalf of the estate of her grandmother, Edna Mae Campbell, filed this lawsuit under 42 U.S.C. § 1983 against several state and local officials. 3 The appellants appeal from the denial of their respective motions for summary judgment. We reverse.
Edna Campbell, born in 1904, was hospitalized in Lake City, Iowa, in March of 1992. The discharge summary prepared by her doctor noted that Campbell was suffering from a number of physical problems, including diabetes, CVA with left-sided hemiplegia, blindness secondary to CVA, and atherosclerotic heart disease. On March 20, 1992, Campbell entered the Shady Oaks Rest Home in Lake City with the assistance of Lena Knight, to whom Campbell had given a power of attorney a year earlier.
Collins came to Lake City from her home in California in April of 1992. She stayed in Campbell's house and visited her grandmother
at the rest home. Collins became dissatisfied with the care that Campbell was receiving at Shady Oaks. On July 10, 1992, Collins removed Campbell from Shady Oaks without consulting the staff on the pretext of taking her for an automobile ride. Collins took Campbell to a hospital in nearby Fort Dodge for a physical examination. On July 13, Campbell's treating physician released her to Collins's care with instructions that Campbell be taken to see defendant Dr. James Comstock later that afternoon. Collins did not take Campbell to see Dr. Comstock, however, choosing instead to take her back to Campbell's home.
That same day, the Iowa Department of Human Services received a report that Campbell had not appeared for her scheduled appointment with Dr. Comstock that afternoon. Defendant Joyce Lewis, an Iowa state investigator, initiated an investigation into the matter. Lewis asked defendant Angela Knipple, a Lake City police officer, to visit Campbell's home. Knipple went to the home, spoke with Collins, observed that Campbell was sleeping on a couch, and reported her observations to Lewis. Lewis then sent Knipple back to verify if Campbell was receiving her medication. Collins was either unable or unwilling to locate any of the medication and told Knipple that she was not giving Campbell all of the medicine. Upon receiving Knipple's second report, Lewis decided to visit the Campbell residence herself to gather more information. Accordingly, Lewis went to the Campbell home the next morning, July 14. Although much of the conversation between Collins and Lewis is in dispute, it is undisputed that Lewis was unable to gather much information from Collins, who was largely uncooperative. Collins did inform Lewis that Kay Blessington, a public health nurse, had recently visited the Campbell home. After leaving the Campbell home, Lewis made unsuccessful attempts to contact Blessington.
Lewis then consulted with defendant David Willis, the Calhoun County Attorney, about the findings she and Knipple had made. Willis, in turn, contacted Dr. Comstock in his capacity as Calhoun County Medical Examiner. After Dr. Comstock opined that Campbell was a possible victim of abuse, Willis ordered that Campbell be removed from her home. Lewis, Knipple, and...
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