Kemp v. Webster, 1:09-cv-00295

Kemp sued Wade, Chamjock, Wade, and Tarver in the District of Colorado claiming Eighth Amendment violations related to transport.
Defendants Wade and Tarver moved to dismiss the Second Amended Complaint; the motion was referred to Magistrate Judge Watanabe for a recommendation.
Magistrate Judge Watanabe recommended granting in part and denying in part; specifically, dismissing with prejudice the official-capacity damages and declaratory-relief claims.
Kemp objected to the recommendation; Kemp did not file objections to the Magistrate’s recommendation, and Wade and Tarver objected.
The district judge conducted a de novo review of the objections, reviewed the record, and affirmed the recommendation in full.
The court held Kemp’s Eighth Amendment claim sufficiently pled under the objective/subjective standard and denied qualified-immunity defenses insofar as the allegations plausibly stated a violation.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Second Amended Complaint states an Eighth Amendment violation	Kemp asserts inadequate safety during transport; alleges seatbelt denial and reckless driving.	Allegations are insufficient to show a serious deprivation or deliberate indifference.	Plaintiff's Eighth Amendment claim is plausibly pled.
Whether defendants are entitled to qualified immunity on the Eighth Amendment claim	Right was clearly established; defendants violated it.	Qualified immunity shields officials absent clearly established rights.	Plaintiff cleared the two-prong test; rights were clearly established; qualified immunity not defeated.
Whether official-capacity claims for damages and declaratory relief must be dismissed	Claims should proceed in official capacity.	Official-capacity damages and declaratory-relief claims should be dismissed.	Official-capacity claims for damages and declaratory relief dismissed with prejudice.

Farmer v. Brennan, 511 U.S. 825 (1994) (Eighth Amendment objective/subjective standard)
Harlow v. Fitzgerald, 457 U.S. 800 (1982) (qualified immunity framework)
Pearson v. Callahan, 555 U.S. 223 (2009) (prong sequencing in qualified immunity analysis)
Buck v. City of Albuquerque, 549 F.3d 1269 (10th Cir. 2008) (two-prong burden for qualified immunity)
Casey v. City of Federal Heights, 509 F.3d 1278 (10th Cir. 2007) (test for whether a right was violated)
Ocelot Oil Corp. v. Sparrow Indus., 847 F.2d 1458 (10th Cir. 1988) (district court review of magistrate recommendations)
United States v. First City Nat. Bank, 386 U.S. 361 (1967) (standard of review or de novo review guidance)
Brown v. Missouri Dept. of Corrections, 353 F.3d 1038 (8th Cir. 2004) (evidence of deliberate indifference in Eighth Amendment cases)