United States Sixth Circuit

In plaintiff's 42 U.S.C. section 1983 suit against two police officers who responded to a 911 report that plaintiff was having a medical seizure and and thereafter allegedly violated his Fourth Amendment rights, district court's denial of defendants' motions for summary judgment based on qualified immunity and reduction of an award for pain and suffering from $275,000 to $10,000 are affirmed where: 1) whether the officers were entitled to qualified immunity depends on whether they acted in a law-enforcement capacity or in an emergency-medical-response capacity when engaging in the conduct that plaintiff claimed violated the Fourth Amendment, and here, the view of the facts undoubtedly supports a finding that the officers acted in a law-enforcement capacity; 2) the record contained ample evidence to support the determination that the officers unreasonably searched the home and seized plaintiff; and 3) plaintiff's appeal of the reduction in the award is denied as the Supreme Court has clearly stated that a plaintiff cannot appeal a remittitur after he has accepted it.

Appellate Information

• Argued 10/15/2009
• Decided 08/17/2010
• Published 08/17/2010

Judges

• MOORE

Court

• United States Sixth Circuit

Counsel

• For Appellant:
  
• Susan Lumetta, David R. Parker