United States Tenth Circuit

Denial of firefighter-defendant's motion for summary judgment pursuant to qualified immunity in a civil rights claim under 42 U.S.C. section 1983, involving a deadly car accident with a firetruck, is reversed where defendant was responding to an emergency call and it was not alleged that defendant intended to harm plaintiff.

Appellate Information

• Decided 12/28/2005
• Published 12/28/2005

Judges

• LUCERO, Circuit Judge., Before LUCERO, BRORBY and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellees:
  
• Michael W. Shunk, McCormick, Adam & Long, P.A., Overland Park, KS, for the Defendant-Appellant., Daniel J. Cohen, Lakin Law Firm, Wood River, IL (Davy C. Walker, The Law Offices of Davy C. Walker, Kansas City, KS with him on the briefs), for the Plaintiffs-Appellees.