Ziccardi v. City of Philadelphia
United States Court of Appeals for the Third Circuit
288 F.3d 57 (2002)
- Written by Kyli Cotten, JD
Facts
James Smith (plaintiff), through the administrator of his estate, Joseph Ziccardi (plaintiff) sued two Philadelphia paramedics and the city (defendants), claiming a violation of rights under the Due Process Clause of the Fourteenth Amendment. While intoxicated, Smith fell eight feet off of a wall and injured himself. Paramedics were called to the scene and, thinking that Smith was merely intoxicated, threw his arms over their shoulders and hoisted him up. Smith’s body immediately went limp and he was transported to a nearby hospital. At the hospital, doctors determined that Smith was now a permanent quadriplegic due to the failure of the paramedics to immobilize Smith’s spine before moving him. Upon Smith filing suit, the paramedics and the city argued that in order for Smith to recover for a violation of his substantive due-process rights, he must show more than subjective deliberate indifference. The district court denied the paramedics’ summary-judgment motion. The case was appealed to the United States Court of Appeals for the Third Circuit.
Rule of Law
Issue
Holding and Reasoning (Alito, J.)
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