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.
- Argued 02/13/2007
- Decided 04/30/2007
- Published 04/30/2007
- SMITH, Circuit Judge., Before SMITH and FISHER, Circuit Judges, and DIAMOND, District Judge.
- United States Third Circuit
- 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.