JAMES v. CITY OF WILKES-BARRE

No. 11-3345.

700 F.3d 675 (2012)

Cheryl JAMES; Warren James; Nicole James v. The CITY OF WILKES-BARRE; Wright Township; Wilkes-Barre Hospital Company, LLC, Doing Business as Wilkes-Barre General Hospital; The Wyoming Valley Health Care System; The Wilkes-Barre City Police Department; The Wright Township Police Department; Dr. Russell Elmer James; Dr. Noel Pacleb Estioko; Amy Lynn Craig; Beth Ann Noble; Lora Denise Paulukonis; Brian Thomas Moran; Tanya Lynn Ostopick; Ryan Russell Seltzer; Carole Fleming Pirow; Dennis Monk; Brian Stout; Michael Marshall; Charlie Casey; Kathy Pickarski Vidumski; Jason Frank Killian, Dr. Maureen M. Litchman, Michael Marshall, Appellants.

United States Court of Appeals, Third Circuit.

Filed: November 29, 2012.


Attorney(s) appearing for the Case

Rufus A. Jennings , John P. Morgenstern [Argued], Deasey, Mahoney, Valentini & North, Philadelphia, PA, Attorneys for Michael Marshall, Defendant-Appellant.

James A. Brando [Argued], William L. Higgs , Law Offices of William L. Higgs, Mountain Top, PA, Attorneys for Plaintiff-Appellees.

Before: HARDIMAN, GREENAWAY, JR., and VANASKIE, Circuit Judges.


OPINION OF THE COURT

HARDIMAN, Circuit Judge.

This appeal requires us to decide whether the District Court erred when it denied a police officer's motion to dismiss a civil rights action.

I

On the evening of September 28, 2009, fifteen-year-old Nicole James sent a text message to a friend stating that she planned to commit suicide by ingesting ibuprofen pills. The friend called 911 and soon thereafter Officer Michael Marshall of the Wright...

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