Daniel Scott v. Mary Benson, et al


PER CURIAM OPINION FILED - THE COURT: Bobby E. Shepherd, Morris S. Arnold and Jane Kelly (UNPUBLISHED); Denying as moot [4424436-2] motion to withdraw as counsel filed by Mr. Patrick Thomas Parry. [4488207] [16-1910]

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United States Court of Appeals For the Eighth Circuit ___________________________ No. 16-1910 ___________________________ Daniel J. Scott lllllllllllllllllllll Plaintiff - Appellant v. Mary Benson, ARNP lllllllllllllllllllll Defendant - Appellee Iowa Civil Commitment Unit for Sex Offenders; Dr. Jason Smith, Director lllllllllllllllllllll Defendants ____________ Appeal from United States District Court for the Northern District of Iowa - Sioux City ____________ Submitted: January 5, 2017 Filed: January 10, 2017 [Unpublished] ____________ SHEPHERD, ARNOLD, and KELLY, Circuit Judges. ____________ PER CURIAM. Appellate Case: 16-1910 Page: 1 Date Filed: 01/10/2017 Entry ID: 4488207 Daniel J. Scott appeals the district court’s1 adverse grant of judgment following a bench trial in his 42 U.S.C. § 1983 action. We find no error in the district court’s conclusion that the care provided to Mr. Scott by defendant Mary Benson, ARNP, before September 6, 2010, did not rise to the level of deliberate indifference. See Smith v. AS Am., Inc. 829 F.3d 616, 622 (8th Cir. 2016) (if evidence could lead to two plausible conclusions, district court’s choice between them cannot be clearly erroneous); Schaub v. VonWald, 638 F.3d 905, 915 (8th Cir. 2011) (deliberate indifference must be measured by defendant’s knowledge at time in question, not by perfect vision of hindsight); Senty-Haugen v. Goodno, 462 F.3d 876, 889-90 (8th Cir. 2006) (deliberate indifference is higher standard than gross negligence). Accordingly, the judgment of the district court is affirmed, see 8th Cir. R. 47B; and the motion to withdraw filed by Mr. Scott’s appointed counsel is denied as moot. ______________________________ 1 The Honorable Mark W. Bennett, United States District Judge for the Northern District of Iowa. -2- Appellate Case: 16-1910 Page: 2 Date Filed: 01/10/2017 Entry ID: 4488207

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