United States Third Circuit

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Ye v. US, 06-1034

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.
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