(Download) "Royal Insurance Co. v. Latin American Aviation Services" by Eleventh Circuit U.S. Court of Appeals ~ eBook PDF Kindle ePub Free
eBook details
- Title: Royal Insurance Co. v. Latin American Aviation Services
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 27, 2000
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 69 KB
Description
Joe Marsh and Leroy Owens, former inmates at Butler County Jail in Greenville, Alabama, appeal the district courts dismissal pursuant to Federal Rule of Civil Procedure 12(b)(6) of their complaint against Butler County, the Butler County Commission, and Sheriff Diane Harris in both her individual and official capacities. Marsh and Owens sued under 42 U.S.C. § 1983, claiming that their rights under the Eighth and Fourteenth Amendments were violated by the County, the County Commission, and the Sheriffs deliberate indifference to the substantial risk of serious harm to inmates at Butler County Jail. Owens also claimed that his rights under the Fourteenth Amendment were violated by their deliberate indifference to his serious medical needs. Marsh and Owens claim that the injuries they suffered, although arising from distinct incidents, were caused by the same unconstitutional jail conditions and jail practices. The district court dismissed the complaint under Federal Rule of Civil Procedure 12(b)(6), on the grounds that Butler County and the Butler County Commission are protected from this suit by legislative immunity, and that Sheriff Harris is protected by qualified immunity. We reverse.
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