Messimer v. Lockhart (1983)

Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983) (quoting Ark.

Furthermore, the Eighth Circuit has rejected the waiver rule, at least to some extent, in Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983), which holds that a party cannot waive a question of law, but leaves open the questions whether the no-waiver rule would apply to an issue of purely historical fact and whether, in such a case, the magistrate must inform the parties that failure to file objections will result in waiver.

See, e.g., Crooks, 872 F.2d at 804 (holding that prison supervisors may be held liable for “inadequate prison policies or medical supervision ... just as if they had refused to deliver [medical] services themselves”); Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983) (holding that the Director of the Arkansas Department of Correction could be held liable for failing to override “policy decisions” that allegedly led to unconstitutional conditions of confinement); see als…

See Wever v. Lincoln County, Neb., 388 F.3d 601, 606 (8th Cir.2004); Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983).

See Wever v. Lincoln County, Neb., 388 F.3d 601, 606 (8th Cir.2004); Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983).

See Francis v. Bowen, 804 F.2d 103 (8th Cir.1986); Nash v. Black, 781 F.2d 665, 667 (8th Cir.1986); Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983); Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir.1983); cf. Thomas v. Arn, — U.S. —, 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985) (allowing courts of appeals to develop rules in this area).

See Francis v. Bowen, 804 F.2d 103 (8th Cir.1986); Nash v. Black, 781 F.2d 665, 667 (8th Cir.1986); Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983); Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1206 (8th Cir.1983); cf. Thomas v. Arn, --- U.S. ----, 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985) (allowing courts of appeals to develop rules in this area)

Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983); Lorin Corp. v. Goto & Co., 700 F.2d 1202, 1205-07 (8th Cir.1983).

Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983).

Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983).

See, e.g., White Motor Corporation, 704 F.2d at 260-61 ; In re Hansen, 702 F.2d at 730; In re Braniff Airways, Inc., 700 F.2d at 215 .

A director “may be ‘responsible for his own failure to act,’ based on his statutory duty to administer the Department of Corrections and ‘supervise the administration of all institutions, facilities and services under the Department’s jurisdiction’ and his authority to change the challenged policies.” Id. at 544 (quoting Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983)).

Where liability is premised on a supervisor’s deliberate indifference to misconduct, “[t]he supervisor must know about the conduct and facilitate it, approve it, condone it, or turn a blind eye for fear of what [he or she] might see.” Kahle v. Leonard, 477 F.3d 544, 551 (8th Cir. 2007) (quotation omitted) (second alteration in original); see also Jackson v. Nixon, 747 F.3d 537, 545 (8th Cir. 2014); Cooper v. Schriro, 189 F.3d 781 , 784 (8th Cir. 1999); Jackson v. Rapps, 947 …

A director “may be ‘responsible for his own failure to act,’ based on his statutory duty to administer the Department of Corrections and ‘supervise the administration of all institutions, facilities and services under the Department’s jurisdiction’ and his authority to change the challenged policies.” Id. at 544 (quoting Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983)).

See also Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983). 5 In Thomas v. Arn, --- U.S. ---, 106 S.Ct. 466 , 88 L.Ed.2d 435 (1985), the Supreme Court held that the courts of appeals may adopt a rule conditioning an appeal from a district court's judgment adopting a magistrate's recommendation upon the filing of objections with the district court identifying those issues on which further review is desired. 6 In Nash v. Black, 781 F.2d 665, 667 (8th Cir.1986), we summ…

See Jackson v. Nixon, 747 F.3d 537, 544-45 (8th Cir. 2014) (denying qualified immunity at the pleadings stage to prison directors, including the director of MDOC, who were alleged to be personally involved in establishing and maintaining an allegedly unconstitutional offender treatment program); Bonner v. Outlaw, 552 F.3d 673, 679 (8th Cir. 2009) (denying qualified immunity at the pleadings stage to a prison warden who declared “he ha[d] no personal involvement in” the alleg…

See Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983); Slakan v. Porter, 737 F.2d 368, 372 (4th Cir.1984), cert. denied, 470 U.S. 1035 , 105 S.Ct. 1413 , 84 L.Ed.2d 796 (1985).

See Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983); Slakan v. Porter, 737 F.2d 368, 372 (4th Cir.1984), cert. denied, 470 U.S. 1035 , 105 S.Ct. 1413 , 84 L.Ed.2d 796 (1985). 9 We are not persuaded that appellees' assertion of the availability of doctors and the twenty-four hour infirmary policy at the prison answers Johnson's complaint.

See also Messimer v. Lockhart, 702 F.2d 729, 730-31 (8th Cir.1983).

See, e.g., Messimer v. Lockhart, 702 F.2d 729 (8th Cir.1983).

See, e.g., Messimer v. Lockhart, 702 F.2d 729 (8th Cir.1983).

See, e.g., Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983).

Code Ann. § 12-41-502 ; see also Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983) (8th Circuit has found the director of corrections “responsible for his failure to act” based on his statutory duty to administer the Department of Corrections and his authority to change the challenged policies).

See Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983) (allegation against defendant who was in charge of policy decisions at the prison sufficient to state a claim against the defendant).

See also Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir. 1983) (holding that a department of corrections director may be liable for failing to change a particular prison’s allegedly unconstitutional policy based on the director’s statutory responsibility to supervise the administration of all corrections facilities).

See Messimer v. Lockhart, 702 F.2d 729, 732 (8th Cir.1983) (reversing decision granting motion to dismiss because the plaintiffs were alleging violative policy decisions and not complaining about mere isolated instances).

See also Messimer v. Lockhart, 702 F.2d 729 (8th Cir.1983).