United States Court of Appeals For the Eighth Circuit ___________________________ No. 17-1260 ___________________________ Ronda L. Marsh, and all others similarly situated lllllllllllllllllllllPlaintiff - Appellant v. Phelps County; Gene Samuelson, Individually and in his official capacity as Sheriff; Penny Gregg, Individually and in her official capacity as Phelps County Correctional Lieutenant; Louis P. Campana, in his official capacity lllllllllllllllllllllDefendants - Appellees Louis P. Campana, Individually lllllllllllllllllllllDefendant ____________ Appeal from United States District Court for the District of Nebraska - Lincoln ____________ Submitted: May 16, 2018 Filed: August 15, 2018 ____________ Before SMITH, Chief Judge, BEAM and COLLOTON, Circuit Judges. ____________ BEAM, Circuit Judge. Former Phelps County inmate Ronda Marsh appeals from the district court's1 grant of summary judgment in favor of Phelps County, and Sheriff Gene Samuelson, Corrections Lieutenant Penny Gregg, and Louis P. Campana in their official capacities2 (collectively, "the County"), as well as the court's dismissal of the claims against Samuelson and Gregg individually, in this 42 U.S.C. § 1983 action. We affirm. I. BACKGROUND Marsh alleges she was sexually assaulted by former corrections officer Louis Campana while she was incarcerated at the Phelps County Jail for five days in June 2012. Marsh sued Phelps County and the three jail employees in their individual and official capacities, claiming Campana's actions shocked the conscience; that the County was deliberately indifferent in violation of her Eighth Amendment rights by failing to protect her from the known risk of harm presented by Campana; and that she and other similarly situated females were denied Equal Protection in violation of the Fourteenth Amendment. 1 The Honorable Cheryl R. Zwart, United States Magistrate Judge for the District of Nebraska, to whom the case was referred for final disposition by consent of the parties pursuant to 28 U.S.C. § 636(c). 2 Because at all times the claims against Phelps County encompassed all official capacity claims against Samuelson, Gregg, and Campana, see Kentucky v. Graham, 473 U.S. 159, 165-66 (1985) (official-capacity suits are treated as suits against official entity), the district court's resolution of the matter against Phelps County effectively resolved all claims against each named individual in their official capacity, including Louis P. Campana, Jr. -2- As this is an appeal from a grant of summary judgment, the following facts are stated in the light most favorable to Marsh.3 Skalsky v. Indep. Sch. Dist. No. 743, 772 F.3d 1126, 1128 (8th Cir. 2014). Sheriff Samuelson was elected Sheriff in 2011 and Lieutenant Gregg began her employment with the Phelps County Sheriff's Office in 1999, serving as jail administrator since 2001. The Phelps County Jail hired Campana on April 21, 2010, after conducting a background check that disclosed only a speeding citation. Campana's application revealed that he had previously worked as a school janitor, as an assistant manager at Sun Theater, and as a host home provider for disabled persons. This employment was verified by Lieutenant Gregg. Nothing on the application or the background check was cause for concern and Gregg recalls that all pre-hire reference checks ...
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