Daniel Scott v. Mary Benson ( 2017 )

United States Court of Appeals
For the Eighth Circuit
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No. 16-1910
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Daniel J. Scott
lllllllllllllllllllll Plaintiff - Appellant
v.
Mary Benson, ARNP
lllllllllllllllllllll Defendant - Appellee
Iowa Civil Commitment Unit for Sex Offenders; Dr. Jason Smith, Director
lllllllllllllllllllll Defendants
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Appeal from United States District Court
for the Northern District of Iowa - Sioux City
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Submitted: January 5, 2017
Filed: January 10, 2017
[Unpublished]
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SHEPHERD, ARNOLD, and KELLY, Circuit Judges.
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PER CURIAM.
Daniel J. Scott appeals the district court’s1 adverse grant of judgment following
a bench trial in his 42 U.S.C. § 1983 action. We find no error in the district court’s
conclusion that the care provided to Mr. Scott by defendant Mary Benson, ARNP,
before September 6, 2010, did not rise to the level of deliberate indifference. See
Smith v. AS Am., Inc. 829 F.3d 616, 622 (8th Cir. 2016) (if evidence could lead to
two plausible conclusions, district court’s choice between them cannot be clearly
erroneous); Schaub v. VonWald, 638 F.3d 905, 915 (8th Cir. 2011) (deliberate
indifference must be measured by defendant’s knowledge at time in question, not by
perfect vision of hindsight); Senty-Haugen v. Goodno, 462 F.3d 876, 889-90 (8th Cir.
2006) (deliberate indifference is higher standard than gross negligence).
Accordingly, the judgment of the district court is affirmed, see 8th Cir. R. 47B; and
the motion to withdraw filed by Mr. Scott’s appointed counsel is denied as moot.
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1
The Honorable Mark W. Bennett, United States District Judge for the
Northern District of Iowa.
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