United States Third Circuit

In an action arising out of a patient's death shortly after receiving a doctor's assurances, a mere assurance by a state actor cannot be an affirmative act, or a "restraint of personal liberty" similar to incarceration or institutionalization, for purposes of a state-created danger claim.

Appellate Information

• Argued 02/13/2007
• Decided 04/30/2007
• Published 04/30/2007

Judges

• SMITH, Circuit Judge., Before SMITH and FISHER, Circuit Judges, and DIAMOND, District Judge.

Court

• United States Third Circuit

Counsel

• For Appellant:
  
• Jane Lovitch Istvan, (argued), City of Philadelphia Law Department, Philadelphia, PA, for Appellants.


• For Appellees:
  
• Harold I. Goodman, (argued), Gerald A. McHugh Jr., Esquire, Stephen E. Raynes, Dan Bencivenga, Raynes McCarty, Philadelphia, PA, for Appellees.