Schaub v. Vonwald, No. 10–1280.
| Court | United States Courts of Appeals. United States Court of Appeals (8th Circuit) |
| Writing for the Court | Before SMITH, BEAM, and BENTON, Circuit Judges. |
| Citation | 638 F.3d 905 |
| Parties | Phillip David SCHAUB, Appellee,v.Steven VONWALD, Appellant. |
| Docket Number | No. 10–1280. |
| Decision Date | 06 July 2011 |
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483 practice notes
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Kopman v. City of Centerville, Civ. No. 10–4093–KES.
...motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.’ ” Schaub v. VonWald, 638 F.3d 905, 922 (8th Cir.2011) (quoting Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983)). This is a factual question. Id. at 923 ......
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Sabata v. Neb. Dep't of Corr. Servs., 4:17-CV-3107
...receives in prison and the conditions under which he is confined are subject to scrutiny under the Eighth Amendment." Schaub v. VonWald, 638 F.3d 905, 914 (8th Cir. 2011) (alteration in original) (quoting Helling v. McKinney, 509 U.S. 25, 31, 113 S. Ct. 2475, 125 L. Ed. 2d 22 (1993)). "To p......
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Kosilek v. Spencer, No. 12–2194.
...that “whether an official was deliberately indifferent to [an] inmate's serious medical need” is a question of fact. Schaub v. VonWald, 638 F.3d 905, 915 (8th Cir.2011). On the other hand, the Fifth Circuit has characterized it as a legal conclusion resting on certain facts. Walker v. Butle......
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Lopez v. Tyson Foods, Inc., No. 11–2344.
...of review, especially in the civil context, and must result in a miscarriage of justice in order to compel reversal.” Schaub v. VonWald, 638 F.3d 905, 925 (8th Cir.2011). “Under the invited error doctrine, an erroneous ruling generally does not constitute reversible error when it is invited......
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490 cases
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Kopman v. City of Centerville, Civ. No. 10–4093–KES.
...motive or intent, or when it involves reckless or callous indifference to the federally protected rights of others.’ ” Schaub v. VonWald, 638 F.3d 905, 922 (8th Cir.2011) (quoting Smith v. Wade, 461 U.S. 30, 56, 103 S.Ct. 1625, 75 L.Ed.2d 632 (1983)). This is a factual question. Id. at 923 ......
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Thomas v. Cannon, Nos. 3:15–05346 BJR
...cert. denied, 396 U.S. 875, 90 S.Ct. 154, 24 L.Ed.2d 133 (1969). This is a common rule across the country. See, e.g. , Schaub v. VonWald , 638 F.3d 905, 926 & n.14 (8th Cir. 2011) ("as a matter of federal law, it is a defendant's burden to introduce evidence of net worth for purposes of min......
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McLaughlin v. BNSF Ry. Co., No. 11CA0751.
...conduct has resulted in an aggravation of the pre-existing condition, and not for the condition as it was.’ ” Schaub v. VonWald, 638 F.3d 905, 937 (8th Cir.2011) (Beam, J., dissenting) (emphasis omitted; ultimately quoting W. Page Keeton et al., Prosser and Keeton on The Law of Torts § 43, ......
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Ernst v. Hinchliff, Case No. 14–cv–4923 (SRN/TNL).
...543 U.S. 551, 560, 125 S.Ct. 1183, 161 L.Ed.2d 1 (2005) )), and conditions of a prisoner's confinement, see, e.g., Schaub v. VonWald, 638 F.3d 905, 914 (8th Cir.2011) ("[T]he treatment a prisoner receives in prison and the conditions under which he is confined are subject to scrutiny under ......
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