green
Positive treatment
24.6 score
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
cited
Cited as authority (rule)
Cheeks v. Belmar
Doc. [280] at 3 (quoting , 931 F.2d 456, 459 (8th Cir. 1991)).
discussed
Cited as authority (rule)
Davis v. Buchanan County, Missouri
In 1991, the Eighth Circuit concluded that a pharmacist was not entitled to summary judgment based on qualified immunity where he refused to fill an inmate’s prescription for anti-seizure medication, despite the fact that the pharmacist purported to have reasonable doubts about whether the medication was “medically appropriate.” Johnson v. Hay, 931 F.2d 456, 463 (8th Cir. 1991).
discussed
Cited as authority (rule)
Jackson v. Powers
(2×)
also: Cited "see"
Jackson cites Johnson v. Hay, where a similar analysis applies. 931 F.2d 456, 463 (8th Cir. 1991).
discussed
Cited as authority (rule)
Patrick A. Dadd v. Anoka County
Jail, 437 F.3d 791, 795-96 (8th Cir. 2006) (“[T]he knowing failure to administer prescribed medicine can itself constitute deliberate indifference.”); Johnson v. Hay, 931 F.2d 456, 462 (8th Cir. 1991); Ellis v. Butler, 890 F.2d 1001, 1004 (8th Cir. 1989); Crooks v. Nix, 872 F.2d 800, 805 (8th Cir. 1989); Cummings v. Roberts, 628 F.2d 1065, 1068 (8th Cir. 1980).
discussed
Cited as authority (rule)
Fields v. Smith
“Of course they cannot.” Zentmyer v. Kendall County, Ill., 220 F.3d 805, 812 (7th Cir.2000) (citing Ralston v. McGovern, 167 F.3d 1160, 1162 (7th Cir.1999); Johnson v. Hay, 931 F.2d 456, 461 (8th Cir.1991)).
discussed
Cited as authority (rule)
James Phillips v. Jasper County Jail
(2×)
also: Cited "see"
Cf. Johnson v. Hay, 931 F.2d 456, 458-61 (8th Cir. 1991); Gil v. Reed, 381 F.3d 649, 661-64 (7th Cir. 2004).
discussed
Cited as authority (rule)
James Edward Phillips v. Jasper County Jail Cabalero Eby Garza Kelly Forsythe Riley Moback Sanchez Sewell Lietz Lyman Carr John Freitas Marney
(2×)
also: Cited "see"
Cf. Johnson v. Hay, 931 F.2d 456, 458-61 (8th Cir.1991); Gil v. Reed, 381 F.3d 649, 661-64 (7th Cir.2004).
discussed
Cited as authority (rule)
Zentmyer, Brian v. Kendall County, IL
(2×)
See Ralston v. McGovern, 167 F.3d 1160, 1162 (7th Cir. 1999); Johnson v. Hay, 931 F.2d 456, 461 (8th Cir. 1991).
cited
Cited as authority (rule)
Brian Zentmyer v. Kendall County, Illinois, Richard Randall, Sheriff of Kendall County, Deputy Hawkins, Deputy Gawne, Deputy Hetzel, Deputy Flowers, Deputy Pfister, Deputy Walton, Deputy Howe, Deputy Blank and Deputy Klebba
See Ralston v. McGovern, 167 F.3d 1160, 1162 (7th Cir. 1999); Johnson v. Hay, 931 F.2d 456, 461 (8th Cir. 1991).
discussed
Cited as authority (rule)
Harrison Jolly v. R. Badgett
See Estelle v. Gamble, 429 U.S. 97, 104-05 (1976) (deliberate indifference to serious medical need “manifested . . . by prison guards . . . intentionally -2- interfering with the treatment once prescribed”); Johnson v. Hay, 931 F.2d 456, 458, 461-62 (8th Cir. 1991) (affirming denial of qualified immunity for prison pharmacist who refused to fill Dilantin and Phenobarbital prescriptions for inmate with alleged seizure disorder).
cited
Cited as authority (rule)
Electric Fetus Co. v. City of Duluth
“The test for qualified immunity at the summary judgment stage is an objective one.” Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
cited
Cited as authority (rule)
Michael D. Ripson v. John K. Alles, Clyde Klave, City of Winterset Police Department, Michael D. Ripson v. John K. Alles, Clyde Klave, City of Winterset Police Department
See Fed.R.Civ.P. 56(c); Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
cited
Cited as authority (rule)
Ripson v. Alles
See Fed.R.Civ.P. 56(c); Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
discussed
Cited as authority (rule)
Harvey Lucious Hall v. George Lombardi William Armontrout, Warden Donald Cline
(2×)
also: Cited "see, e.g."
Drake v. Scott, 812 F.2d 395, 398-99 (8th Cir.), cert. denied, 484 U.S. 965 , 108 S.Ct. 455 , 98 L.Ed.2d 395 (1987); see also Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817-18 , 86 L.Ed.2d 411 (1985); Johnson v. Hay, 931 F.2d 456, 459-60 (8th Cir.1991); Wright, 800 F.2d at 202.
cited
Cited as authority (rule)
Gasparre v. City of St. Paul
“The test for qualified immunity at the summary judgment stage is an objective one.” Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
cited
Cited as authority (rule)
Melvin Eugene Duckworth v. John H. Ford, Richard C. Rice
Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985); Johnson v. Hay, 931 F.2d 456, 459-60 (8th Cir.1991).
discussed
Cited as authority (rule)
Islami v. Covenant Medical Center, Inc.
Johnson v. Hay, 931 F.2d 456, 459 (8th Cir. 1991) (quoting Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815 , 86 L.Ed.2d 411 (1985) (qualified immunity is “an immunity from suit rather than a mere defense to liability [which] is effectively lost if a case is erroneously permitted to go to trial”)).
cited
Cited as authority (rule)
Boyer v. County of Washington
"We review the district court's denial of summary judgment under the same standard as that the district court applied to the motion." Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
examined
Cited as authority (rule)
Wesley Taylor v. Richard K. Bowers, Carl Doerhoff, Kent Grewe, Maryland Butts, Helen Farr, Loren Stout
(3×)
also: Cited "see, e.g."
Johnson v. Hay, 931 F.2d 456, 459 (8th Cir.1991) [Hay ] (citing Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985)); Givens v. Jones, 900 F.2d 1229, 1231 (8th Cir.1990) (citing 472 U.S. at 530 , 105 S.Ct. at 2817 ).
cited
Cited as authority (rule)
Boyer v. County of Washington
“We review the district court’s denial of summary judgment under the same standard as that the district court applied to the motion.” Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
cited
Cited as authority (rule)
Bobby Lee Griffin v. George A. Lombardi Dick D. Moore Jim M. Jones Nikki Nicks Terry Barnes James A. Gammon
See, e.g., Johnson v. Boreani, 946 F.2d 67, 70 (8th Cir.1991); Johnson v. Hay, 931 F.2d 456, 461 (8th Cir.1991).
discussed
Cited as authority (rule)
Gary Offet v. Herman Solem and Ben Dearduff, Individually and in Their Official Capacities
(2×)
Johnson v. Hay, 931 F.2d 456, 460 (8th Cir.1991).
discussed
Cited "see"
Goyette v. City of Minneapolis
See Johnson v. Hay, 931 F.2d 456 , 459 n.2 (8th Cir. 1991) (“Once a notice of appeal has been filed in a case in which there has been denial of a summary judgment motion raising the issue of qualified immunity, the district court should then stay its hand. . . .
cited
Cited "see"
J.T.H. v. Missouri Department of Social Services Children's Division
See Johnson v. Hay, 931 F.2d 456, 459 (8th Cir. 1991).
discussed
Cited "see"
Root Ex Rel. Root v. Liberty Emergency Physicians, Inc.
(2×)
See Johnson v. Hay, 931 F.2d 456, 459 (8th Cir.1991).
discussed
Cited "see"
State of Missouri Ex Rel. Jeremiah W. (Jay) Nixon, Attorney General v. Coeur D'Alene Tribe, a Federally Recognized Indian Tribe State of Missouri Ex Rel. Jeremiah W. (Jay) Nixon, Attorney General v. Unistar Entertainment, Inc. Executone Information Systems, Inc. Ernest Stensgar David Matheson
See Johnson v. Hay, 931 F.2d 456 , 459 n. 2 (8th Cir.1991). 14 In this case, the district court did not treat the Rule 12(b)(6) motions as motions for summary judgment nor give both parties the opportunity to present additional summary judgment materials, as Rule 12(b) requires.
discussed
Cited "see"
Missouri Ex Rel. Nixon v. Coeur D'Alene Tribe
(2×)
See Johnson v. Hay, 931 F.2d 456 , 459 n. 2 (8th Cir.1991).
discussed
Cited "see"
Harrison Jolly v. R. Badgett Tony Gammon Jim Moore M.K. Rodriguez Roy Osborne Richard D. Davis Huel Jenkins
(2×)
See Estelle v. Gamble, 429 U.S. 97, 104-05 , 97 S.Ct. 285 , 50 L.Ed.2d 251 (1976) (deliberate indifference to serious medical need “manifested ... by prison guards ... intentionally interfering with the treatment once prescribed”), and Johnson v. Hay, 931 F.2d 456, 458, 463 (8th Cir.1991) (affirming denial of qualified immunity for prison pharmacist who refused to fill Dilantin and Phenobarbital prescriptions for inmate with alleged seizure disorder).
cited
Cited "see"
Cotton v. Reynolds
See Brewer v. Parkman, 918 F.2d 1336 , vacated, 931 F.2d 456 (8th Cir.1990); Irizarry v. Cleveland Public Library, 727 F.Supp. 357 (N.D.Ohio 1989).
discussed
Cited "see"
John Burk v. Linda L. Beene, Doctor, in Her Individual and Official Capacity as Director of the Arkansas State Board of Private Career Education
(2×)
See Johnson v. Hay, 931 F.2d 456, 461 (8th Cir.1991).
discussed
Cited "see, e.g."
Bergmann v. Rogerson
Compare Crooks v. Nix, 872 F.2d 800, 804 (8th Cir. 1989) (inmate's uncorroborated allegation of need for bone marrow transplant insufficient to support deliberate indifference claim) with Johnson v. Hay, 931 F.2d 456, 461-62 (8th Cir. 1991) (pharmacist not qualifiedly immune when he intentionally refused to fill inmate's prescriptions provided by prison physicians). 5 When Bergmann injured his knee in December 1992, defendants moved him to a lower bunk in a first floor cell and provided him with a thorough course of treatment ultimately resulting in arthroscopic surgery.
discussed
Cited "see, e.g."
John M. Gainor v. Scott Rogers City of Moorhead, a Minnesota Municipality and John Doe
(2×)
After a period of discovery, the defendants moved for summary judgment based on qualified immunity from suit. 5 The district court denied defendants' motion, finding issues of material fact with respect to each of the remaining claims. 6 DISCUSSION 6 It is well settled that the denial of a summary judgment motion which asserts qualified immunity from suit is appealable "to the extent that it turns on an issue of law...." Mitchell v. Forsyth, 472 U.S. 511, 530 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985); see also Johnson v. Hay, 931 F.2d 456, 459 (8th Cir.1991); Wright v. South Arkansas Regi…
Retrieving the full opinion text from the archive…
Bennie BREWER, Appellee,
v.
Dave PARKMAN, Et Al., Appellant
v.
Dave PARKMAN, Et Al., Appellant
89-2980.
Court of Appeals for the Eighth Circuit.
Dec 28, 1990.
Published
The parties are directed to file supplemental briefs not exceeding fifteen (15) pages in length. The supplemental briefs should not duplicate prior briefs and only new cases should be argued. All briefs should be limited to the points raised in the petition for rehearing en banc. Eighteen copies of the supplemental briefs should be filed, simultaneously on or before January 14, 1991.
This case will be argued on Friday, February 1, 1991 in St. Louis, Missouri pending further direction.