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Bailey v. Feltmann

United States Court of Appeals, Eighth Circuit

January 15, 2016

Shane Bailey, Plaintiff - Appellant,
v.
Don Feltmann, in his individual capacity, Defendant - Appellee

Submitted September 23, 2015.

Page 590

Appeal from United States District Court for the Eastern District of Missouri - St. Louis.

For Shane Bailey, Plaintiff - Appellant: James Schottel, Jr., SCHOTTEL & ASSOCIATES, Saint Louis, MO.

For Don Feltmann, in his individual capacity, Defendant - Appellee: Jacob D. Curtis, William A. Hellmich, Jason Scott Retter, KING & KREHBIEL, Saint Louis, MO.

Before WOLLMAN, COLLOTON, and KELLY, Circuit Judges.

OPINION

Page 591

COLLOTON, Circuit Judge.

Shane Bailey brought a civil rights action under 42 U.S.C. § 1983 against Deputy Don Feltmann of the Jefferson County, Missouri Sheriff's Department, alleging that Feltmann had denied him emergency medical care in violation of his constitutional rights. The district court[1] granted summary judgment for Feltmann, ruling that Bailey had failed to present sufficient evidence to prove a constitutional violation. Bailey appeals, and we affirm.

I.

On the afternoon of March 13, 2012, Bailey was at a friend's house. After arguing with his friend, Bailey left the house upset. Once outside, Bailey punched the driver's side mirror of his truck and punched and kicked out the truck's windshield, cutting his right hand in the process. Bailey drove away in his truck but ran out of gas shortly thereafter. Bailey then called for emergency assistance.

Paramedics arrived at the scene at 3:05 p.m. Bailey, who was eighteen years old, told the paramedics that he had been drinking alcohol earlier that day. Bailey eventually allowed the paramedics to evaluate and treat his right hand. The paramedics examined his hand, noting that the area around the lacerations was bruised and swollen and that the bleeding was controlled. The paramedics dressed the wound. The paramedics reported that Bailey then cursed at them and refused further treatment, but Bailey averred by affidavit that he did not refuse treatment.

Deputy Feltmann arrived at the scene shortly thereafter. Feltmann observed the damage Bailey had inflicted on the truck and also saw a large amount of blood on the truck's rear window. Because of the bandages on Bailey's hand, Feltmann could not determine the full extent of Bailey's injuries, but he was aware that Bailey's hand was cut and had been bleeding. Feltmann also could see blood soaking through, and ...


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