United States Fourth Circuit

Where police subdued someone on PCP using pepperspray, then left him face down and alone at emergency room, his parents' claims for failure to protect him from a substantial risk of harm must be measured under a standard of deliberate indifference.

Appellate Information

• Decided 01/31/2001
• Published 01/31/2001

Judges

• Before MOTZ and TRAXLER, Circuit Judges, and STAMP, Chief United States District Judge for the Northern District of West Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Thomas James Gagliardo, Gagliardo & Zipin, Silver Spring, MD, for Appellants. Frank William Mann, III, Special Assistant Attorney General, Baltimore, MD;  Daniel Karp, Allen, Johnson, Alexander & Karp, Baltimore, MD;  Samuel Maddox Riley, West & Moore, L.L.C., Baltimore, MD, for Appellees.   ON BRIEF:  J. Joseph Curran, Jr., Attorney General of Maryland, Baltimore, MD, for Appellees.