Harlan Willet, Jr. v. Jerry Burch, et al

Filing

PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED) [4353401] [15-1818]

United States Court of Appeals
For the Eighth Circuit
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No. 15-1818
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Harlan Hall Willet, Jr.
lllllllllllllllllllll Plaintiff - Appellee
v.
Jason Smith; Brad Wittrock; Daniel Pingel
lllllllllllllllllllll Defendants
Jerry Burch; Jayla Graybill
lllllllllllllllllllll Defendants - Appellants
Sean Morris
lllllllllllllllllllll Defendant
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: December 11, 2015
Filed: January 7, 2016
[Unpublished]
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Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges.
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Appellate Case: 15-1818

Page: 1

Date Filed: 01/07/2016 Entry ID: 4353401

PER CURIAM.
Jerry Burch and Jayla Graybill--employees of the Civil Commitment Unit for
Sex Offenders (CCUSO) in Iowa--appeal the denial of summary judgment based on
qualified immunity in this 42 U.S.C. § 1983 action brought by CCUSO patient Harlan
Willet, Jr.. Upon careful de novo review of the record and consideration of the
parties’ briefs, we conclude that the admissible evidence before the district court could
not, as a matter of law, support a determination that Burch and Graybill violated
Willet’s clearly established Fourteenth Amendment right to substantive due process.
See Jones v. McNeese, 746 F.3d 887, 899-900 (8th Cir.) (qualified immunity
standard), cert. denied, 135 S. Ct. 688 (2014). Accordingly, the order of the district
court denying Burch and Graybill summary judgment on their qualified immunity
defenses is reversed, and the case is remanded for entry of judgment in favor of Burch
and Graybill.
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Appellate Case: 15-1818

Page: 2

Date Filed: 01/07/2016 Entry ID: 4353401