Oliver v. County of Gregory et al
Filing
98
AMENDED OPINION AND ORDER GRANTING DEFENDANTS' MOTIONS FOR SUMMARY JUDGMENT and denying as moot 92 Motion to Strike; denying as moot 94 Motion to Strike. Signed by U.S. District Judge Roberto A. Lange on 03/08/2016. (LH)
UNITED STATES DISTRICT COURT
DISTRICT OF SOUTH DAKOTA
CENTRAL DIVISION
SCOTT OLIVER,
3:14-CV-03013-RAL
Plaintiff,
VS.
COUNTY OF GREGORY; CITY OF
GREGORY; CITY OF WINNER; DEPUTY
TIM DREY, individually and in his official
capacity; OFFICER SHAWN CLAUSSEN,
individually and in his official capacity; LAKIN
STENSON, individually and in her official
capacity; and JOHN AND JANE DOES 1-4,
individually and in their official capacities,
AMENDED OPINION AND ORDER
GRANTING DEFENDANTS' MOTIONS
FOR SUMMARY JUDGMENT
Defendants.
On January 6, 2016, this Court entered an Opinion and Order Granting in Part and
Denying in Part Defendants' Motions for Summary Judgment ("Opinion and Order"). Doc. 80.
Nine days later, the United States Court of Appeals for the Eighth Circuit issued an opinion in
Bailey v. Feltmann, 810 F.3d 589 (8th Cir. 2016), a factually analogous case which called into
question a portion of this Court's Opinion and Order distinguishing between a denial of
treatment and a delay of treatment for purposes of evaluating a 42 U.S.C. § 1983 claim for
deliberate indifference to a serious medical need. Compare Doc. 80 at 20-21, with Bailey, 810
F.3d at 594.
1
This Court held a telephonic hearing on January 20, 2016, to discuss the situation and
possible need to revisit its decision.
1
Counsel agreed to brief the issue of whether this Court
should change its ruling in the wake of the Bailey decision. Having considered all additional
arguments from the parties, this Court now issues this Amended Opinion and Order Granting
Defendants' Motions for Summary Judgment ("Amended Opinion and Order"). Much of this
Amended Opinion and Order is identical to what this Court previously issued, although the
analysis of the Bailey decision and outcome on some issues is new.
I. INTRODUCTION
Plaintiff, Scott Oliver ("Oliver"), instituted this action under 42 U.S.C. § 1983 alleging
that the Defendants-the County of Gregory, the City of Gregory, the City of Winner, Gregory
County Deputy Tim Drey ("Deputy Drey"), City of Gregory Officer Shawn Claussen ("Officer
Claussen"), Winner City Jail correctional officer, Lakin Stenson ("Stenson"), and John and Jane
Does 1-4-were deliberately indifferent to his serious medical needs after his arrest and during
his detention at the Winner City Jail ("WCJ"). Doc. 1. Oliver also alleged state law claims of
intentional infliction of emotional distress, negligent infliction of emotional distress, negligence,
and negligent training, supervision, and hiring, as well as a punitive damages claim. Doc. 1.
The County of Gregory, the City of Gregory, Deputy Drey, and Officer Claussen (collectively
"the Gregory Defendants") have filed a motion for summary judgment based upon the merits and
on qualified immunity. Doc. 36. The City of Winner and Stenson (collectively "the Winner
1
Under Federal Rule of Civil Procedure 54(b), "any order or other decision, however designated,
that adjudicates fewer than all the claims or the rights and liabilities of fewer than all the parties
does not end the action as to any of the claims or parties and may be revised at any time before
the entry of a judgment adjudicating all the claims and all the parties' rights and liabilities."
Thus, a motion to reconsider is not necessary because the Court may review the Opinion and
Order sua sponte.
2
Defendants") and John and Jane Does 1-4 filed a similar motion for summary judgment. Doc.
50.
Oliver stipulated to dismissal of John and Jane Does 1-4 and at the hearing on the
m
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