AELE LAW LIBRARY OF CASE SUMMARIES:
Civil Liability of Law Enforcement Agencies & Personnel
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Negligence: Medical Assistance
Man who was shot by an officer, but not
arrested or detained, was not owed a duty by the officer to provide him
with medical care. Officers did not "shock the conscience" by
firing at two men after they heard what they thought was the sound of a
bullet being chambered into a gun and one of the officers believed that
he saw a weapon being pointed. Carr v. Tatangelo, 156 F. Supp. 2d 1369
(M.D. Ga. 2001). [2002 LR Mar]
294:92 Pedestrian injured in hit-and-run accident had no constitutional right to first aid from off-duty officers who came to the scene. Mueller v. County of Westchester, 943 F.Supp. 357 (S.D.N.Y. 1996).
284:115 Officer was entitled to qualified immunity for shooting armed suspect who held out a hand containing a gun in response to officer's demand that he show his hand; officer reasonably feared for his life, regardless of exactly what direction displayed weapon was pointed; officers had no clearly established duty to provide medical aid to shot suspect prior to arrival of EMTs Wilson v. Meeks, 52 F.3d 1547 (10th Cir. 1995).
City was not liable to man for his quadriplegia suffered after he intentionally jumped out of a window; jury could reasonably conclude that any negligence by police officers in transporting him or failing to obtain medical assistance did not cause his injuries Land v. City of New York, 575 N.Y.S.2d 690 (A.D. 1991).
Officers not liable for failure to provide first aid to assault victim; victim was not bleeding and asked to be returned to motel room Doerner by Price v. City of Asheville, 367 S.E.2d 356 (N.C. App. 1988).
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