Beyerbach v. Sears, No. 94-2061

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN; HANSEN
Citation49 F.3d 1324
Docket NumberNo. 94-2061
Decision Date08 March 1995
PartiesLarry BEYERBACH, Plaintiff-Appellee, v. Hobert SEARS, CO II; Melvin H. Smith; Linda Minshall, Defendants-Appellants.

Page 1324

49 F.3d 1324
Larry BEYERBACH, Plaintiff-Appellee,
v.
Hobert SEARS, CO II; Melvin H. Smith; Linda Minshall,
Defendants-Appellants.
No. 94-2061.
United States Court of Appeals,
Eighth Circuit.
Submitted Nov. 16, 1994.
Decided March 8, 1995.

Michael Eugene Cook Pritchett, Jefferson City, MO, argued (Jeremiah W. (Jay) Nixon,

Page 1325

John R. Munich and Michael Pritchett, on the brief), for appellants.

Philip R. Dupont, Kansas City, MO, argued, for appellee.

Before FAGG, Circuit Judge, HENLEY, Senior Circuit Judge, and HANSEN, Circuit Judge.

HANSEN, Circuit Judge.

The defendants, Hobert Sears, Melvin H. Smith, and Linda Minshall, appeal the district court's order denying them summary judgment on plaintiff Larry Beyerbach's claim under 42 U.S.C. Sec. 1983 that defendants violated his Eighth Amendment rights. Beyerbach has alleged that the defendants acted with deliberate indifference to his medical needs by delaying treatment of his broken hand. The defendants assert that the district court erred in declining to award them summary judgment either on the merits of Beyerbach's complaint or on the basis of qualified immunity. We reverse.

I.

The following facts appear to be undisputed. On January 16, 1992, at approximately 4:35 p.m., Larry Beyerbach, an inmate at the Jefferson City Correctional Center (JCCC), caught his hand in his cell door as it was being closed. Melvin Smith was a corrections officer working in Beyerbach's housing unit at the time of the injury. Hobert Sears was the sergeant in charge of the housing unit at the time of the injury.

At 7:20 p.m., Linda Minshall, a nurse for the Missouri Department of Corrections, examined Beyerbach's hand. Minshall directed Beyerbach to apply ice to his hand, gave him Tylenol for the pain, and recommended an x-ray to determine further the extent of the injury. Beyerbach received ice for his hand at approximately 10:00 p.m. On January 17, 1992, at 12:45 p.m., Beyerbach was taken to the JCCC medical facilities where his hand was x-rayed. The x-ray showed a break in one of the bones of the hand that connects to the little finger. Dr. Exon, a JCCC physician, put a cast on Beyerbach's hand and scheduled him to return for an appointment in three weeks. Beyerbach returned, and Dr. Exon provided additional treatment.

Beyerbach filed this action under 42 U.S.C. Sec. 1983, alleging that Sears, Smith, and Minshall violated his Eighth Amendment right to be free from cruel and unusual punishment by failing to provide prompt and proper medical treatment for his broken hand. Beyerbach alleged that the 2- to 3-hour delay before seeing the nurse, the 2-hour delay in receiving ice the nurse ordered, and the 17-hour delay between the time the x-rays were ordered and taken, all constitute separate instances of cruel and unusual punishment. The parties consented to proceed before a United States Magistrate Judge. 28 U.S.C. Sec. 636(c). The defendants moved for summary judgment on the merits of Beyerbach's complaint and on the basis of qualified immunity from judgment. The magistrate judge denied the motion for summary judgment and the defendants appeal.

II.

"While the denial of a motion for summary judgment is not normally an appealable final judgment, an exception exists for a summary judgment order denying qualified immunity ... [and for] issues of law that are closely related to the qualified immunity determination." Henderson v. Baird, 29 F.3d 464, 467 (8th Cir.1994). The defendants' motion for summary judgment on the merits is a "closely related" issue because its resolution would dispose of the immunity issue. See id. Hence, we have jurisdiction over the entire appeal.

We review de novo the district court's grant or denial of summary judgment, using the same standards as the district court. Get Away Club, Inc. v. Coleman, 969 F.2d 664, 666 (8th Cir.1992). "Summary judgment is appropriate when...

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350 practice notes
  • Moland v. Bil-Mar Foods, No. C 96-4023-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • February 13, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at B. Cautions In Employment Discrimination And Retaliation Cases When summary judgment is sought......
  • Dethmers Mfg. Co. v. Automatic Equip. Mfg. Co., No. C 96-4061-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at 394. With these standards in mind, the court turns to consideration of Automatic's motion for ......
  • Millaga v. City of Sioux City, No. C02-4009-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • April 25, 2003
    ...1040, 118 S.Ct. 1336, 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995). An issue of material fact is "genuine" if it has a real basis in the record. Hartnagel, 953 F.2d at 394 (citing Matsus......
  • Westin v. Mercy Medical Services, Inc., No. C 97-4051-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • February 12, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at B. Cautions In Employment Discrimination And Retaliation Cases When summary judgment is sought......
  • Request a trial to view additional results
350 cases
  • Moland v. Bil-Mar Foods, No. C 96-4023-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • February 13, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at B. Cautions In Employment Discrimination And Retaliation Cases When summary judgment is sought......
  • Dethmers Mfg. Co. v. Automatic Equip. Mfg. Co., No. C 96-4061-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • September 29, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at 394. With these standards in mind, the court turns to consideration of Automatic's motion for ......
  • Millaga v. City of Sioux City, No. C02-4009-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • April 25, 2003
    ...1040, 118 S.Ct. 1336, 140 L.Ed.2d 498 (1998); McLaughlin v. Esselte Pendaflex Corp., 50 F.3d 507, 511 (8th Cir.1995); Beyerbach v. Sears, 49 F.3d 1324, 1325 (8th Cir.1995). An issue of material fact is "genuine" if it has a real basis in the record. Hartnagel, 953 F.2d at 394 (citing Matsus......
  • Westin v. Mercy Medical Services, Inc., No. C 97-4051-MWB.
    • United States
    • United States District Courts. 8th Circuit. Northern District of Iowa
    • February 12, 1998
    ...entry of summary judgment." Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Beyerbach v. Sears, 49 F.3d 1324, 1326 (8th Cir.1995); Hartnagel, 953 F.2d at B. Cautions In Employment Discrimination And Retaliation Cases When summary judgment is sought......
  • Request a trial to view additional results

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