42 results for 'cat:"Immunity" AND cat:"Wrongful Death"'.
J. Grasz finds a lower court properly dismissed the Chief of Police's motion for qualified immunity concerning a car accident that resulted in the death of an estate administrator's son. The County argued that two police officers properly conducted a pit maneuver in order to thwart the mother's decedent from fleeing police in a high-speed chase. However, the estate administrator presented sufficient evidence in court that police officers failed to timely provide him with medical services for fatal injuries he suffered as the result of the crash. Affirmed.
Court: 8th Circuit, Judge: Grasz, Filed On: September 1, 2023, Case #: 22-2749, Categories: immunity, wrongful Death
J. Stranch finds the lower court properly denied the police officer's motion for qualified immunity because the evidence in the record indicates no one was in danger at the time he shot the victim, who was slowly coming to a stop in his vehicle and was not in a position to run over the officer. Although the victim initially struck a police officer when he escaped from custody, from that point on he drove under the speed limit, avoided all pedestrians and police officers, and was in the process of complying with the officer's orders when he was shot and killed. Affirmed.
Court: 6th Circuit, Judge: Stranch, Filed On: August 10, 2023, Case #: 22-3285, Categories: Civil Rights, immunity, wrongful Death
J. D'Auria finds the lower court properly denied the nursing home's motion for summary judgment on the estate's wrongful death claims. Although executive orders issued during the Covid-19 pandemic extend immunity to medical providers for good faith treatment efforts, that immunity does not reach the treatment at issue in this case, which was detached entirely from the Covid-19 virus. While the nursing home provided evidence of staffing shortages and other shortcomings that might apply under the "lack of resources" subsection of the executive orders, it failed to show how any of the difficulties directly affected treatment of the decedent after her fall and subsequent transfer to a hospital. Affirmed.
Court: Connecticut Supreme Court, Judge: D'Auria, Filed On: August 8, 2023, Case #: SC20767, Categories: immunity, wrongful Death, Covid-19
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[Consolidated.] J. Ecker finds that the lower court properly granted the hospital and doctors' motion for summary judgment on state law medical malpractice and wrongful death claims brought by the estate of the woman who died of cardiac arrest during the Covid-19 pandemic because the providers were entitled to immunity under the executive orders issued during the pandemic. Although the patient had a history of heart problems and some symptoms of a heart attack when she was admitted for treatment, the information known about Covid-19 at the time gave the providers a good faith belief she was suffering from a Covid-related ailment and not any heart issue, which rendered them immune under the executive orders. However, because the type of immunity afforded under the Public Readiness and Emergency Preparedness Act is much narrower and does not cover the actions taken by the doctors after the decedent's negative Covid-19 test, those claims will be reinstated. Affirmed in part.
Court: Connecticut Supreme Court, Judge: Ecker, Filed On: August 8, 2023, Case #: SC20763, Categories: immunity, wrongful Death, Covid-19
J. Gibbons finds the lower court properly granted the paramedics' motion for summary judgment on the grounds of qualified immunity because their decision to stop live-saving treatment did not expose the victim to a "private act of violence" that would render them liable for her death. Although the victim eventually woke up in the funeral home after being placed in a body bag, her family members were not prevented from providing medical assistance after the paramedics left the home and the paramedics made no affirmative actions that would allow the estate to pursue a state-created danger theory of liability. Affirmed.
Court: 6th Circuit, Judge: Gibbons, Filed On: July 26, 2023, Case #: 22-1681, Categories: Civil Rights, immunity, wrongful Death
J. Riggs dismisses a wrongful death and personal injury suit brought by the spouse of an officer who was killed while attempting to pull over a suspect who was being monitored by Homeland Security Investigations, which had considered arresting him prior to the fatal shooting. While the spouse argues that the suspect was a known danger because of his violent history and his desperation "not to be arrested," these facts nonetheless do not overcome the federal government's sovereign immunity.
Court: USDC New Mexico, Judge: Riggs, Filed On: July 24, 2023, Case #: 2:22cv430, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Government, immunity, wrongful Death
J. Lioi denies, in part, the police officer's motion for summary judgment, ruling he is not entitled to qualified immunity because a reasonable jury could find in favor of the estate based on witness testimony that the decedent complied with the officer's commands, did not resist arrest, and did not turn to face the officer after the two separated. Forensic evidence also indicates the decedent was more than 30 feet away when he was shot and killed, which contradicts the officer's version of events.
Court: USDC Northern District of Ohio, Judge: Lioi, Filed On: June 30, 2023, Case #: 5:20cv674, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, immunity, wrongful Death
J. Mathis finds the lower court erroneously granted the jail nurse's motion for summary judgment on the estate's deliberate indifference claim. He knew the detainee had lost consciousness when he examined her injuries and, under jail policy, he was required to transfer the detainee to the hospital. The failure to follow jail policy, when combined with the fact the nurse examined the detainee three times in the span of 10 minutes, is sufficient to allow a jury to find he acted recklessly; therefore, the claims against him will be reinstated. Meanwhile, previous cases from this court with similar circumstances would have put the nurse on notice that a failure to act when a detainee has seizures and loses consciousness would violate their constitutional rights, and so he is not entitled to qualified immunity. Reversed in part.
Court: 6th Circuit, Judge: Mathis, Filed On: June 29, 2023, Case #: 22-3904, Categories: Civil Rights, immunity, wrongful Death
J. Hudson grants summary judgment to the state troopers accused of wrongful death and excessive force charges. The troopers were within their rights to approach the immobilized vehicle armed following a high-speed chase over a speeding violation, leading to the deceased pulling out his firearm and, in turn being shot by the police.
Court: USDC Eastern District of Virginia, Judge: Hudson, Filed On: May 30, 2023, Case #: 3:22cv225, NOS: Other Civil Rights - Civil Rights, Categories: immunity, wrongful Death, Police Misconduct