Ziccardi v. City of Philadelphia

• Decision Date: 30 April 2002
• Docket Number: No. 01-1895.,01-1895.
• Parties: * Joseph ZICCARDI, Esq., as Administrator of the Estate of James Smith, v. CITY OF PHILADELPHIA; Roger Morfitt; Joseph DiFrancesca, Joseph DiFrancesca and Roger Morfitt, Appellants. * (Amended—See Court's Order dated 3/14/02)
• Court: U.S. Court of Appeals — Third Circuit

288 F.3d 57

* Joseph ZICCARDI, Esq., as Administrator of the Estate of James Smith, v. CITY OF PHILADELPHIA; Roger Morfitt; Joseph DiFrancesca, Joseph DiFrancesca and Roger Morfitt, Appellants.

* (Amended—See Court's Order dated 3/14/02)

No. 01-1895.

United States Court of Appeals, Third Circuit.

Argued January 15, 2002.

Opinion Filed April 30, 2002.

Richard G. Feder (Argued), Chief Deputy City Solicitor (Appeals), Sara E. Ricks, Philadelphia, PA, for Appellants.

Edward T. Lawlor, Jr. (Argued), Newtown Square, PA, Leonard A. Cohen, Philadelphia, PA, for Appellee.

Before ALITO and ROTH, Circuit Judges, and SCHWARZER,^* Senior District Judge.

OPINION OF THE COURT

ALITO, Circuit Judge.

This is an appeal from a district court order denying a motion for summary judgment based on qualified immunity in an action under 42 U.S.C. § 1983. The action was filed by James Smith, now deceased, against two Philadelphia Fire Department paramedics and the city. Smith alleged that the paramedics rendered him a quadriplegic by lifting him after he had fallen from a wall and sustained spinal injury. He claimed that the actions of the paramedics violated his rights under the Due Process Clause of the Fourteenth Amendment. The district court held that the summary judgment record was sufficient to show that the paramedics acted with subjective deliberate indifference and therefore denied their summary judgment motion. To the extent that this appeal raises issues of law, we affirm the decision of the district court. To the extent that the appeal disputes the district court's identification of the facts that are subject to genuine dispute, we dismiss the appeal for lack of appellate jurisdiction.

I.

In the early morning hours of May 16, 1998, after a night of drinking, James Smith, then 24 years old, went to his aunt's residence in Philadelphia, where he often stayed. App. at 5a. He was not able to enter the house because he did not have a key and no one responded to his knocks on the door. Id. He therefore sat down on the wall in front of the house and eventually fell asleep. Id. He apparently fell from the wall and dropped about eight feet to the sidewalk below. Id. After Smith fell, several neighbors heard him groaning and yelling, but by all accounts he was moving his legs and arms. Id.

Joseph DiFrancesca and Roger Morfitt ("the appellants"), Philadelphia Fire Department paramedics, responded to a 911 call placed by a neighbor. According to Maceo Gatewood, a neighbor, the following then occurred. When the paramedics approached Smith, they asked him what his name was and what was wrong. Supp. App. at 5b. He said: "I'm hurt. I hurt my head." Id. Smith repeated several times that he had hurt his neck.² App. at 144a-45a. One of the paramedics said: "[G]et up. Are you drunk?" and "[G]et up or we're going to call the police." Id. at 182a-83a. Smith responded, "I can't get up." Id. at 183a. After nudging Smith a few times and again asking him to get up, the paramedics each grabbed one of Smith's arms and "snatched him up and threw each arm over their shoulders and dr[agged] him to the ... stretcher," which they had removed from the ambulance and placed in the street. Id. at 183a-84a. Gatewood said that the paramedics "snatched up" Smith "pretty hard" and that after they did so his head jerked back. Id. at 185a. In Gatewood's words, Smith "sort of got real limp after that, like everything started hanging on him," and he did not move his arms or legs thereafter. Id.

Another neighbor, Roberta Brown, gave the following account. She said that when the paramedics arrived at the scene, she told them that Smith was called "Man," and they said: "[G]et up, Man. Get up before we call the police. You're only drunk, get up." App. at 186a. Smith responded: "I'm hurt." Id. at 187a. The paramedics then each took one of his arms and "yanked him up." Id. In Brown's words, Smith then "started hollering, `Miss Burt, Miss Burt, tell them to put me down. I can't move.' And they yanked him up and his head went back." Id. at 186a 87a. The paramedics then got the stretcher; one lifted his feet and the other lifted the upper part of his body, and they put him on the stretcher and took him away. Id. at 187a.

Smith recounted what happened as follows. When the paramedics arrived, he was on his stomach, and they told him to get up. App. at 83a-84a. He replied: "I can't get up." Id. at 85a. They then said: "Get up before we call the cops on you." Id. Smith responded: "I can't move. I can't get up." Id. at 86a. The paramedics then rolled him on his back, each paramedic grabbed an arm, and they "pulled" or "yanked" him up. Id. As they pulled him up, his neck "snapped back." Id. at 87a. In Smith's words, "it was like somebody hit a light switch and [he] just went completely numb" below the neck. Id. at 87a-88a. The paramedics then laid him down, got the stretcher, put him on the stretcher, and transported him to a hospital. Id. at 88a-89a.

When Smith reached the hospital, the doctors recognized the seriousness of his condition and stabilized his neck by putting him in a hard collar and placing him on a board. App. at 208a. He was diagnosed with permanent quadriplegia. Id. at 7a. A physician who treated Smith at the hospital stated:

It is a medical certainty that [the paramedics] should have immobilized his cervical spine prior to moving him. To have, instead, lifted him by his arms and then by his shoulders and legs is unconscionable. It is my opinion within a reasonable degree of medical certainty, that Mr. Smith's quadriplegia is directly attributable to the actions of the paramedics.

Id. at 213a.

Dr. Stephan Lynn, an expert in emergency medical services, reviewed the records and opined that the paramedics "demonstrated incredible and shockingly deliberate indifference to Mr. James Smith and to his needs as an injured person seeking ambulance assistance." App. at 225a.

In October 1999, Smith filed a complaint in the Court of Common Pleas of Philadelphia County, asserting due process claims against the two paramedics and the city. The complaint alleged that the paramedics' actions in lifting him improperly had deprived him of his liberty interest in bodily integrity. The complaint also alleged that the paramedics' conduct was in accordance with an established city custom of treatment toward intoxicated individuals and that the paramedics' conduct resulted from the city's failure to provide proper training despite prior instances of mistreatment.

The defendants removed the case to the United States District Court for the Eastern District of Pennsylvania and, after discovery, moved for summary judgment. The individual defendants asserted the defense of qualified immunity, but the district court refused to grant summary judgment on that ground. The court held that "a reasonable jury could find that the defendant paramedics acted with deliberate indifference and in a manner that shocks the conscience in injuring the plaintiff." Dist. Ct. Op. at 2. The district court also concluded that "clearly established law at the time of the incident provided sufficient guidance to the defendants about the unconstitutionality of their conduct." Id. In addition, the court denied the city's request for summary judgment because that request was based solely on the contention that no underlying due process violation could be established. Id. The individual defendants then took this appeal.³

II.

On appeal, the appellants first contend that the district court applied the wrong legal standard in denying their summary judgment motion. They argue that, "[a]t an absolute minimum," the plaintiff was required to show that they had "actual knowledge" that he had suffered a serious spinal injury and that they nevertheless moved him "with actual deliberate indifference to his safety." Appellants' Br. at 10. The appellants also contend that even proof of "actual deliberate indifference" may not suffice and that, under our decision in Miller v. City of Philadelphia, 174 F.3d 368 (3d Cir.1999), "a state of mind that approaches `an intent to harm' plaintiff is required to prove a constitutional violation in the instant context." Id. at 13.

The appellants maintain that we have jurisdiction to consider both of their arguments under the collateral order doctrine first recognized in Cohen v. Beneficial Industrial Loan Corp., 337 U.S. 541, 69 S.Ct. 1221, 93 L.Ed. 1528 (1949), but they read the relevant precedents too broadly. In Mitchell v. Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 86 L.Ed.2d 411 (1985), the Supreme Court held that "a district court's denial of a claim of qualified immunity, to the extent that it turns on an issue of law, is an appealable `final decision'" under the collateral order doctrine. Id. at 530, 105 S.Ct. 2806 (emphasis added). In Johnson v. Jones, 515 U.S. 304, 115 S.Ct. 2151, 132 L.Ed.2d 238 (1995), the Court made it clear that the collateral order doctrine does not permit an appeal from an order denying a motion for summary judgment if the issue raised is "whether or not the evidence in the pretrial record [is] sufficient to show a genuine issue of fact for trial." Id. at 307, 115 S.Ct. 2151.

Johnson involved an action under 42 U.S.C. § 1983 against five police officers for use of excessive force in effecting an arrest. Id. Three of the officers moved for summary judgment, arguing that there was insufficient evidence in the summary judgment record to permit a reasonable finder of fact to find that they were present when the plaintiff was beaten. Id. The district court denied this motion, concluding that there was enough evidence to defeat summary judgment. Id. at 308, 115 S.Ct. 2151. The officers appealed and invoked the collateral order doctrine, but the Supreme Court unanimously held that appellate jurisdiction was lacking. Id. The Court held that Mitchell does not authorize an appeal from an order denying summary judgment if the order, "though entered in a ...