United States Third Circuit

In an action stemming from the death of plaintiff's 15-year old son from a rare form of asphyxiation known as "dry drowning" or "secondary drowning" shortly after his participation in a mandatory swimming class run by his physical education teacher, claiming violations of her son's civil rights under 42 U.S.C. section 1983, the district court's denial of defendant's motion for summary judgment, on the basis of qualified immunity, is reversed where defendant's conduct did not violate a clearly established constitutional right.

Appellate Information

• Decided 09/01/2015
• Published 09/01/2015

Judges

• VANASKIE

Court

• United States Third Circuit

Counsel