Robinson v. Moreland, Nos. 80-1991

CourtUnited States Courts of Appeals. United States Court of Appeals (8th Circuit)
Writing for the CourtBefore ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and ARNOLD; FLOYD R. GIBSON
Citation655 F.2d 887
Decision Date31 July 1981
Docket Number80-2013,Nos. 80-1991
PartiesCallion ROBINSON v. Edward MORELAND, Supervisor, St. Louis County Jail, Capt. Albert Wayne, Correctional Officer, St. Louis County Jail, Appellee, Correctional Officer, Roy Cochtrell, St. Louis County Jail; Capt. Eldridge Jackson, Correctional Officer, St. Louis County Jail; Capt. Joe Bollen, Correctional Officer, St. Louis County Jail. Appeal of Fritz G. FAERBER, Appellant.

Page 887

655 F.2d 887
Callion ROBINSON
v.
Edward MORELAND, Supervisor, St. Louis County Jail, Capt.
Albert Wayne, Correctional Officer, St. Louis
County Jail, Appellee,
Correctional Officer, Roy Cochtrell, St. Louis County Jail;
Capt. Eldridge Jackson, Correctional Officer, St.
Louis County Jail; Capt. Joe Bollen,
Correctional Officer, St.
Louis County Jail.
Appeal of Fritz G. FAERBER, Appellant.
Nos. 80-1991, 80-2013.
United States Court of Appeals,
Eighth Circuit.
Submitted June 19, 1981.
Decided July 31, 1981.

Page 888

Lucas & Murphy, P. C., Fritz G. Faerber (argued), Leo W. Nelsen, St. Louis, Mo., for plaintiffs-appellees-cross appellants.

Eugene K. Buckley (argued), Robert D. Arb, Evans & Dixon, St. Louis, Mo., for defendant-appellant.

Before ROSS, Circuit Judge, GIBSON, Senior Circuit Judge, and ARNOLD, Circuit Judge.

FLOYD R. GIBSON, Senior Circuit Judge.

Albert Wayne, Jr. appeals from a jury verdict rendered in this 42 U.S.C. § 1983 (1976) remedy action in the United States District Court for the Eastern District of Missouri. The jury found that Wayne, a correctional officer at the St. Louis (Missouri) County Jail, denied Robinson, a pretrial detainee, medical treatment in violation of the eighth amendment. The jury awarded Robinson actual damages of $1,000. On appeal, Wayne contends that the trial court erred in not granting his motion for a directed verdict based on the insufficiency of the evidence. Robinson cross-appeals the trial court's reduction in its award of attorney fees to him under 42 U.S.C. § 1988 (1976). With respect to the direct appeal, we affirm the trial court. With respect to the cross-appeal, we reverse.

On August 14, 1979, Robinson filed a section 1983 remedy action, pro se, in the district court, and demanded a jury trial. The district court then appointed Robinson an attorney. The parties, pursuant to 28 U.S.C.A. § 636(c) (1) (West Supp.1981) consented to a jury trial before Magistrate Noce. The parties also agreed that any appeal from the magistrate's final judgment would be made directly to this court. 28 U.S.C.A. § 636(c)(3) (West Supp. 1981).

On August 26, 1980, the jury returned a verdict in favor of Robinson against Edward Moreland, Director of Welfare and Corrections for St. Louis County, and Wayne, a shift supervisor at the jail. The jury awarded Robinson actual damages of $1,000. On September 18, 1980, Magistrate Noce, in a five-page memorandum decision, denied Wayne's motions for judgment notwithstanding the verdict, for a new trial, and for a reduction in damages. The trial court did grant Moreland's motion for judgment notwithstanding the verdict on the basis that supervisory status, by itself, is insufficient to support liability. 1 See Rizzo v. Goode, 423 U.S. 362, 376, 96 S.Ct. 598, 606, 46 L.Ed.2d 561 (1976). The trial court then awarded Robinson attorney fees of $400 and expenses of $127.65.

On October 17, 1980, Robinson filed a notice of appeal from the attorney fee award. The notice was somewhat ambiguous about whether it was Robinson or his attorney who was appealing the award. The appeal was initially docketed under the attorney's name. On October 29, 1980, the clerk of this court sent the attorney a letter informing him of the mistake. On November 12, 1980, Wayne filed an out-of-time motion to dismiss Robinson's appeal on the basis that the attorney was not a party to the suit and could not file an appeal on the award of attorney fees. See 8th Cir.R. 9(b). On November 21, Robinson filed a motion in the district court to amend the previous notice of appeal to make it clear that he, and not his attorney, was the party to the appeal. On November 24, Magistrate Noce granted the motion. Finally, on December

Page 889

19, 1980, this court allowed Wayne to file his untimely motion to dismiss and then denied the motion to dismiss.

Initially, Wayne reasserts the same jurisdictional arguments that he made before this court in his motion to dismiss Robinson's appeal. This court's order of December 19, 1980, rejected those arguments. The order denying the motion to dismiss was on the merits and therefore precludes this court from reconsidering the issue. We hold that unless the order denying dismissal under Eighth Circuit Rule 9(b) specifically states that the question is to be reserved or is to be without prejudice, the order forecloses consideration of the issue in the appeal on the merits of the case. We also note that Wayne was not prejudiced in any manner by the fact that the appeal was at first docketed inaccurately because Robinson's attorney attempted initially to take the appeal in his own name rather than the name of his client, the plaintiff.

Sufficiency of the evidence

Wayne contends that the trial court erred in failing to grant his motion for a directed verdict at the close of all the evidence. See Fed.R.Civ.P. 50(a). Wayne argues that Robinson failed to show that Wayne violated Robinson's eighth amendment right to be free from cruel and unusual punishment. In Estelle v. Gamble, 429 U.S. 97, 104, 97 S.Ct. 285, 291, 50 L.Ed.2d 251 (1976), the Supreme Court held "that deliberate indifference to serious medical needs of prisoners constitutes the 'unnecessary and wanton infliction of pain,' * * * proscribed by the Eighth Amendment." See also Kelsey v. Ewing, 652 F.2d 4 at 6 (8th Cir. 1981). Wayne argues that the evidence did not show he was deliberately indifferent to the serious medical needs of Robinson. We think the evidence warranted submission of this issue to the jury.

This court is strictly limited in the scope of its review concerning a denial of Wayne's motion for a directed verdict. The late Chief Judge Gardner of the Eighth Circuit, in reviewing Judge Devitt's denial of a motion for a directed verdict, eloquently stated the standard for appellate review:

In considering this question we must view the evidence in a light most favorable to the prevailing party and we must assume that all conflicts in the evidence have been resolved by the jury in his favor and that the evidence proves all facts which it reasonably tends to prove. The prevailing party is also entitled to the benefit of all such favorable inferences as may reasonably be drawn from the evidence. If, when so considered, reasonable minds might reach different conclusions then the case presents issues of fact to be submitted to the jury and not issues of law to be determined by the court.

Chicago Great Western Railway Co. v. Scovel, 232 F.2d 952, 955 (8th Cir.), cert. denied, 352 U.S. 835, 77 S.Ct. 53, 1 L.Ed.2d 54 (1956).

The evidence produced at trial established that the jury could make the following factual findings. 2 Just before midnight on December 1, 1978, a Friday, Robinson injured his hand by slamming it against a table while playing cards or a board game. Robinson was being detained in the St. Louis County jail while awaiting trial for armed robbery. Shortly after midnight, Robinson complained about his injury to Roy Cochrell, a guard. Cochrell, after completing a count of the prisoners, reported the injury to Wayne, the shift supervisor. This occurred at approximately twenty minutes past...

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39 practice notes
  • Monmouth County Correctional Institutional Inmates v. Lanzaro, No. 86-5527
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 25, 1987
    ...v. Prison Health Servs., 769 F.2d 700, 704 (11th Cir.1985), the deliberate indifference standard has been met. See Robinson v. Moreland, 655 F.2d 887, 889-90 (8th Cir.1981) (jury could properly conclude that provision of ice-pack for inmate's fractured hand constituted deliberate indifferen......
  • Begg v. Moffitt, No. 82 C 2693.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • February 7, 1983
    ...Poythress, 657 F.2d 691, 704-05 (5th Cir.1981), cert. dismissed, ___ U.S. ___, 103 S.Ct. 368, 74 L.Ed.2d 504 (1982); Robinson v. Moreland, 655 F.2d 887, 890 (8th Cir.1981); Abraham v. County of Washoe, 547 F.Supp. 548 (D.Nev.1982); Holmes v. Wampler, 546 F.Supp. 500 (E.D.Va. 1982); Henderso......
  • Rajender v. University of Minnesota, Civ. No. 4-73-435.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • July 24, 1982
    ...v. Trans World Airlines, Inc., 660 F.2d 1267, 1276-74 (8th Cir. 1981) (extremely low quality representation); Robinson v. Moreland, 655 F.2d 887, 891-92 (8th Cir. 1981) (plaintiff prevailed over only one of the original defendants); Ladies Center, Nebraska, Inc. v. Thone, 645 F.2d 645, 647 ......
  • Mori v. Allegheny Cnty., No. 2:13cv348.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • September 30, 2014
    ...care will support such a finding. Id. (citing Ancata v. Prison Health Servs., 769 F.2d 700, 704 (11th Cir.1985) and Robinson v. Moreland, 655 F.2d 887, 889–90 (8th Cir.1981) (jury could properly conclude that provision of ice-pack for inmate's fractured hand constituted deliberate indiffere......
  • Request a trial to view additional results
39 cases
  • Monmouth County Correctional Institutional Inmates v. Lanzaro, No. 86-5527
    • United States
    • United States Courts of Appeals. United States Court of Appeals (3rd Circuit)
    • November 25, 1987
    ...v. Prison Health Servs., 769 F.2d 700, 704 (11th Cir.1985), the deliberate indifference standard has been met. See Robinson v. Moreland, 655 F.2d 887, 889-90 (8th Cir.1981) (jury could properly conclude that provision of ice-pack for inmate's fractured hand constituted deliberate indifferen......
  • Begg v. Moffitt, No. 82 C 2693.
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • February 7, 1983
    ...Poythress, 657 F.2d 691, 704-05 (5th Cir.1981), cert. dismissed, ___ U.S. ___, 103 S.Ct. 368, 74 L.Ed.2d 504 (1982); Robinson v. Moreland, 655 F.2d 887, 890 (8th Cir.1981); Abraham v. County of Washoe, 547 F.Supp. 548 (D.Nev.1982); Holmes v. Wampler, 546 F.Supp. 500 (E.D.Va. 1982); Henderso......
  • Rajender v. University of Minnesota, Civ. No. 4-73-435.
    • United States
    • United States District Courts. 8th Circuit. United States District Court of Minnesota
    • July 24, 1982
    ...v. Trans World Airlines, Inc., 660 F.2d 1267, 1276-74 (8th Cir. 1981) (extremely low quality representation); Robinson v. Moreland, 655 F.2d 887, 891-92 (8th Cir. 1981) (plaintiff prevailed over only one of the original defendants); Ladies Center, Nebraska, Inc. v. Thone, 645 F.2d 645, 647 ......
  • Mori v. Allegheny Cnty., No. 2:13cv348.
    • United States
    • United States District Courts. 3th Circuit. United States District Courts. 3th Circuit. Western District of Pennsylvania
    • September 30, 2014
    ...care will support such a finding. Id. (citing Ancata v. Prison Health Servs., 769 F.2d 700, 704 (11th Cir.1985) and Robinson v. Moreland, 655 F.2d 887, 889–90 (8th Cir.1981) (jury could properly conclude that provision of ice-pack for inmate's fractured hand constituted deliberate indiffere......
  • Request a trial to view additional results

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