United States Sixth Circuit

In a wrongful death action brought under 42 U.S.C. section 1983 against individual firefighters, paramedics and emergency medical technicians, denial of qualified immunity for defendants is reversed where the district court erred in failing to grant defendants qualified immunity as there is no "clearly established law" creating federal liability for a constitutional tort under the circumstances in which paramedics answering a 911 call, restrained decedent while trying to render aid during an epileptic seizure.

Appellate Information

• Decided 05/22/2007
• Published 05/22/2007

Judges

• Before MERRITT and GRIFFIN, Circuit Judges;  LAWSON, District Judge.

Court

• United States Sixth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Allison L. Bussell, Metropolitan Department of Law, Nashville, Tennessee, for Appellants.  Dennis J. DeCaro, Kupets & DeCaro, Chicago, Illinois, for Appellee.   ON BRIEF:  Allison L. Bussell, Lora Barkenbus Fox, Jennifer L. Bozeman, Metropolitan Department of Law, Nashville, Tennessee, for Appellants.  Dennis J. DeCaro, Kupets & DeCaro, Chicago, Illinois, Culwell Edwards Ward, Ward, Derryberry & Thompson, Nashville, Tennessee, for Appellee.