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


PER CURIAM OPINION FILED - THE COURT: James B. Loken, Pasco M. Bowman and Steven M. Colloton (UNPUBLISHED) [4353401] [15-1818]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 15-1818 ___________________________ 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 ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: December 11, 2015 Filed: January 7, 2016 [Unpublished] ____________ Before LOKEN, BOWMAN, and COLLOTON, Circuit Judges. ____________ 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. ______________________________ -2- Appellate Case: 15-1818 Page: 2 Date Filed: 01/07/2016 Entry ID: 4353401

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