DOE EX REL. THOMAS v. Tsai
2011 U.S. App. LEXIS 15911
| 8th Cir. | 2011Background
- Appellants allege §1983 violations (Fourth and Fourteenth Amendments) against Sergeant Pickhardt; Drs. Tsai and Hogan; nurses Murphy and Hauser; nurse Minor; and HCMC.
- Emergency visit at Hennepin County Medical Center involved concerns of sexual abuse of Jane Doe and examinations of Jane and John Doe.
- Pauline Thomas initially consented to a visual exam but refused a sedated internal examination; a 72-hour hold was considered and later placed on Jane Doe and John Doe.
- Dr. Tsai conducted an internal medical/forensic exam of Jane Doe with observers after signing waivers due to unavailable mother's signature and the 72-hour hold.
- John Doe received a general exam including genital inspection; police involvement aimed at evidence collection; the district court granted summary judgment for appellees.
- Appellants pursued partial summary judgment on various Fourth/Fourteenth Amendment issues, which the district court denied; the appellate court reviews de novo.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether appellees moved for summary judgment on all claims | Doe asserts not all claims were moved on. | Tsai/Hogan et al. framed motions as including all claims. | Affirmed that motions covered all claims |
| Whether material facts were ignored by the district court | Doe claims omitted disputed facts. | District court recounts disputes and requires record citations. | No reversible disregard of material facts |
| Whether the district court applied correct legal standards | Doe contends incorrect standards were used. | Appellants offered limited, inadequate legal argument. | Standards properly applied |
Key Cases Cited
- Anderson v. Durham D & M, L.L.C., 606 F.3d 513 (8th Cir. 2010) (de novo review of summary judgment; no genuine facts found)
- Rodgers v. City of Des Moines, 435 F.3d 904 (8th Cir. 2006) (challenges with no record citations insufficient)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (U.S. 1986) (summary judgment standard and material facts)
- ELCA Enters., Inc. v. Sisco Equip. Rental & Sales, Inc., 53 F.3d 186 (8th Cir. 1995) (jurisdictional scope of evidentiary orders; collateral review)