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Chavero-Linares v. Smith

United States Court of Appeals, Eighth Circuit

April 13, 2015

Vanessa Chavero-Linares, Plaintiff - Appellant
v.
Timothy Smith; Kevin P. Donnelly; Sergeant Dennis Beadle; Janet Napolitano; Richard Moore; John Doe; Sheriff David McDaniel, Defendants - Appellees

Submitted February 10, 2015

Appeal from United States District Court for the Northern District of Iowa - Cedar Rapids.

For Vanessa Chavero-Linares, Plaintiff - Appellant: Rockne Ole Cole, COLE & VONDRA, Iowa City, IA.

For Timothy Smith, Sergeant Dennis Beadle, John Doe, Defendants - Appellees: Carlton G. Salmons, GAUDINEER & COMITO, West Des Moines, IA.

For Kevin P. Donnelly, Janet Napolitano, Richard Moore, Sheriff David McDaniel, Defendants - Appellees: Matthew Jeremy Cole, Assistant U.S. Attorney, U.S. ATTORNEY'S OFFICE, Northern District of Iowa, Cedar Rapids, IA.

Before BYE, BEAM, and BENTON, Circuit Judges.

OPINION

Page 1039

BENTON, Circuit Judge.

Vanessa Chavero-Linares, an immigration detainee, sued county and federal officials after another inmate hit her with a plastic chair. The district court[1] dismissed the federal defendants under Federal Rule of Civil Procedure 12(b)(6), then granted summary judgment to the county defendants. She appeals both rulings. Having jurisdiction under 28 U.S.C. § 1291, this court affirms.

I.

Chavero-Linares was held at the Hardin County Correctional Center at the direction of Immigration and Customs Enforcement (ICE). In her complaint, she alleges that another inmate made derogatory

Page 1040

and " threatening statements," which " alarmed" her. She also alleges that she reported them to sergeant Dennis Beadle; and after he " ignored her," she " called [ICE] Agent Kevin Donnelly, and he replied that he could not do anything either."

Within a week, the inmate threw a lightweight, plastic chair at her. In an affidavit, Chavero-Linares said the " assault caused a significant injury on my face," " a bruise in the same shape as the bottom part of the chair," " a great deal of head pain" for " at least two days," and residual " pain in my right cheek for about three weeks." She also said: " While I am not a doctor, I do believe that I did suffer a mild concussion." She took one pain pill. A contemporaneous photo shows an injury consistent with Beadle's observation of " a little red mark on her right cheek. There was no swelling or puffiness and no bleeding." Another officer said he did not complete an incident report " because the ...


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