Davis v. Buchanan Cnty., 20-1842

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBENTON, Circuit Judge.
Citation11 F.4th 604
Parties Brenda DAVIS; Frederick Stufflebean, Plaintiffs - Appellees v. BUCHANAN COUNTY, MISSOURI ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo, Defendants Michelle Munger, Defendant - Appellant Karen S. Williams, Defendant Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman, Defendants Fredrick Covillo, Defendant - Appellant Michelle Munger; Karen S. Williams, Defendant Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden, Defendants Corizon Health, Inc., Defendant - Appellant Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman, Defendants Advanced Correctional Healthcare, Inc., Defendant - Appellant Catherine Van Voorn, MD, Defendant Ann Marie Slagle, LPN, Defendant - Appellant Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN, Defendants April Powers, also known as April Griffin, also known as April Helsel, Defendant - Appellant Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook, Defendants Mike Strong; Jody Hovey, Defendants - Appellants Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey, Defendants Brian Gross, Defendant - Appellant Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees v. Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey, Defendants Brian Gross, Defendant – Appellant Natalie A. Bransfield, Defendant Dustin Nauman, Defendant - Appellant Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft. terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants
Docket Number No. 20-1843, No. 20-2076,No. 20-1842, No. 20-2075, No. 20-1845, No. 20-2292, No. 20-1846,20-1842
Decision Date24 August 2021

11 F.4th 604

Brenda DAVIS; Frederick Stufflebean, Plaintiffs - Appellees
v.
BUCHANAN COUNTY, MISSOURI ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo, Defendants

Michelle Munger, Defendant - Appellant

Karen S. Williams, Defendant

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman, Defendants

Fredrick Covillo, Defendant - Appellant

Michelle Munger; Karen S. Williams, Defendant

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden, Defendants

Corizon Health, Inc., Defendant - Appellant

Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey; Brian Gross; Natalie A. Bransfield; Dustin Nauman, Defendants

Advanced Correctional Healthcare, Inc., Defendant - Appellant

Catherine Van Voorn, MD, Defendant

Ann Marie Slagle, LPN, Defendant - Appellant

Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN, Defendants

April Powers, also known as April Griffin, also known as April Helsel, Defendant - Appellant

Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook, Defendants

Mike Strong; Jody Hovey, Defendants - Appellants

Brian Gross; Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey, Defendants

Brian Gross, Defendant - Appellant

Natalie A. Bransfield; Dustin Nauman; Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants

Brenda Davis; Frederick Stufflebean, Plaintiffs - Appellees
v.
Buchanan County, Missouri ; Harry Roberts; Dan Hausman; Ron Hook ; Mike Strong; Jody Hovey, Defendants

Brian Gross, Defendant – Appellant

Natalie A. Bransfield, Defendant

Dustin Nauman, Defendant - Appellant

Advanced Correctional Healthcare, Inc.; Catherine Van Voorn, MD; Ann Marie Slagle, LPN; Ryan Crews, Warden; Corizon Health, Inc., Dft.
terminated on 5/7/2018. Dft added back on 9/4/2018, Amended Complaint, Doc. 78.; Donna Euler, RN; April Powers, also known as April Griffin, also known as April Helsel ; Amy Mowry; Alice Bergman; Fredrick Covillo; Michelle Munger; Karen S. Williams, Defendants

No. 20-1842
No. 20-1843
No. 20-1845
No. 20-1846
No. 20-2075
No. 20-2076
No. 20-2292

United States Court of Appeals, Eighth Circuit.

Submitted: June 17, 2021
Filed: August 24, 2021


William W. Bird, BIRD LAW FIRM, PC, Liberty, MO, Pamela Kay Blevins, LAW OFFICE OF PAM BLEVINS, Saint Joseph, MO, Michelle Dee Carpenter, KRANITZ & SADOUN, Saint Joseph, MO, for Plaintiffs - Appellees Brenda Davis and Frederick Stufflebean.

Jeffrey A. Bullins, John Wesley Smith, SIMPSON & LOGBACK, Overland Park, KS, for Defendant - Appellant Michelle Munger.

John F. Logan, David Michael Tyrrell, Merritt Bradley Watson, LOGAN & LOGAN, Prairie Village, KS, for Defendant - Appellant Fredrick Covillo.

Richard Acosta, Roger W. Slead, HORN & AYLWARD, Kansas City, MO, for Defendant - Appellant Corizon Health, Inc.

John R. Hicks, Emily Tung, NORRIS & KEPLINGER, Overland Park, KS, for Defendants - Appellants Advanced Correctional Healthcare, Inc., Ann Marie Slagle and April Powers.

David S. Baker, Kenneth Joseph Berra, David A. Cadoret, Nichole Caldwell, FISHER & PATTERSON, Overland Park, KS, for Defendants - Appellants Mike Strong, Jody Hovey, Brian Gross and Dustin Nauman.

Before GRUENDER, BENTON, and STRAS, Circuit Judges.

BENTON, Circuit Judge.

11 F.4th 613

Justin A. Stufflebean died after allegedly being denied necessary medication while incarcerated at the Buchanan County Jail and the Western Reception Diagnostic and Correctional Center. His parents, Brenda Davis and Frederick Stufflebean, asserted 42 U.S.C. § 1983 and wrongful death claims against, among others: Jerry Michael Strong, Jody W. Hovey, Brian M. Gross, Dustin R. Nauman, Dr. Frederick V. Covillo, Michelle L. Munger, Ann Marie Slagle, April L. Helsel, Advanced Correctional Healthcare, Inc, and Corizon, LLC. The district court denied the defendants’ motions to dismiss and motions for summary judgment, ruling they are not entitled to qualified or official immunity.1 They appeal. Having jurisdiction under 28 U.S.C. § 1291, this court affirms in part, reverses in part, and remands for proceedings consistent with this opinion.

I.

On October 26, 2015, Justin Stufflebean was sentenced to 15 years in prison by the Circuit Court of Buchanan County, Missouri. That day, during his sentencing hearing, Stufflebean's longtime doctor testified on the severity of his Addison's disease and hypoparathyroidism—both endocrine disorders. Addison's disease is characterized by the adrenal glands’ failure to produce enough cortisol, an essential hormone that helps the body cope with stress and is critical to maintaining normal blood pressure and cardiovascular function. The disease also causes the adrenal glands to insufficiently control the body's calcium levels. Hypoparathyroidism causes decreased function of the parathyroid glands, which can lead to low levels of calcium.

Stufflebean's doctor testified he was "dependent upon the cortisol to be given to him exogenously," especially during times of stress. He testified, "Stufflebean suffers from one of the lowest calcium levels that any of us doctors have ever seen in the hospital and that can make him quite—makes him quite ill and very badly damaging to a body and can be life-threatening in and of itself also and has to be controlled." He testified that without medication, Stufflebean's Addison's disease would "flare up," resulting in "fatigue, malaise that's followed by severe nausea, vomiting, [and] dehydration." He testified that "if not intervened upon in the hospital ..., it can be death within 24 to 48 hours." He testified that in the past calendar year, Stufflebean was hospitalized 16 times for treatment, not counting numerous emergency room and doctor visits. He also testified that Stufflebean was taken to the emergency room the week before his sentencing.

Sheriff's Deputy Brian Gross was assigned to the courtroom during Stufflebean's sentencing hearing, including during the doctor's medical testimony. His duties included maintaining courtroom order and transporting those sentenced from the courthouse to the Buchanan County Jail. As the transporting officer, he was expected to tell the jail booking officer if he believed a new inmate was a medical, mental health or suicide risk when brought to the jail.

After sentencing, Gross took Stufflebean into custody and walked him across the street to the jail. Per the jail's Medical Intake Screening questionnaire, the booking officer, Sheriff's Deputy Dustin Nauman, asked Gross if he "believe[s] that inmate is a medical, mental health or suicide

11 F.4th 614

risk now?" Gross did not report Stufflebean's medical conditions or treatments to Nauman. Nauman recorded "No" to the question on Stufflebean's intake form.

Nauman completed the remaining intake questions with Stufflebean. Stufflebean was previously booked by the jail in 2014 and was labeled on his previous intake form as having a "Special Conditions—Medical." Nauman answered "No" to the question "Was inmate a medical,...

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17 practice notes
  • Troupe v. St Louis Cnty., 4:20 CV 1790 RWS
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • March 15, 2022
    ...acts committed by a subordinate, and (2) was deliberately indifferent to or authorized those acts.'” Davis v. Buchanan Cnty., Mo., 11 F.4th 604, 624 (8th Cir. 2021) (cleaned up). “This ‘rigorous standard' requires proof that the ‘supervisor had notice of a pattern of conduct by the subordin......
  • Smith v. Lisenbe, 4:20 CV 804 JMB
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • February 10, 2022
    ...or one that is so obvious that a layperson would recognize the necessity of medical attention. Davis v. Buchanan County, Missouri, 11 F.4th 604, 623 (8th Cir. 2021). A defendant acts with deliberate indifference when he recognizes that a substantial risk of harm exists and knows that his co......
  • Frazier v. Graves, 4:20-cv-00434-KGB
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • September 30, 2021
    ...stage of the proceedings given the claims asserted and on the record currently before the Court. See Davis v. Buchanan County, Missouri, 11 F.4th 604 (8th Cir. 2021). At this stage, the Court finds that plaintiffs have alleged sufficient facts in their amended complaint to support an Eighth......
  • Pittman v. Thurston, CIVIL 6:22-CV-06049
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • June 22, 2022
    ...for incarcerated persons are state actors acting under color of state law for the purposes of § 1983. Davis v. Buchanan County, Missouri, 11 F.4th 604, 617 (8th Cir. 2021). See also West v. Atkins, 487 U.S. 42, 57, (1988) (because the provision of medical services to inmates is “state actio......
  • Request a trial to view additional results
18 cases
  • Troupe v. St Louis Cnty., 4:20 CV 1790 RWS
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • March 15, 2022
    ...acts committed by a subordinate, and (2) was deliberately indifferent to or authorized those acts.'” Davis v. Buchanan Cnty., Mo., 11 F.4th 604, 624 (8th Cir. 2021) (cleaned up). “This ‘rigorous standard' requires proof that the ‘supervisor had notice of a pattern of conduct by the subordin......
  • Smith v. Lisenbe, 4:20 CV 804 JMB
    • United States
    • United States District Courts. 8th Circuit. United States District Court (Eastern District of Missouri)
    • February 10, 2022
    ...or one that is so obvious that a layperson would recognize the necessity of medical attention. Davis v. Buchanan County, Missouri, 11 F.4th 604, 623 (8th Cir. 2021). A defendant acts with deliberate indifference when he recognizes that a substantial risk of harm exists and knows that his co......
  • Frazier v. Graves, 4:20-cv-00434-KGB
    • United States
    • United States District Courts. 8th Circuit. United States State District Court of Eastern District of Arkansas
    • September 30, 2021
    ...stage of the proceedings given the claims asserted and on the record currently before the Court. See Davis v. Buchanan County, Missouri, 11 F.4th 604 (8th Cir. 2021). At this stage, the Court finds that plaintiffs have alleged sufficient facts in their amended complaint to support an Eighth......
  • Pittman v. Thurston, CIVIL 6:22-CV-06049
    • United States
    • United States District Courts. 8th Circuit. Western District of Arkansas
    • June 22, 2022
    ...for incarcerated persons are state actors acting under color of state law for the purposes of § 1983. Davis v. Buchanan County, Missouri, 11 F.4th 604, 617 (8th Cir. 2021). See also West v. Atkins, 487 U.S. 42, 57, (1988) (because the provision of medical services to inmates is “state actio......
  • Request a trial to view additional results

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