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RIVAS v. CITY OF PASSAIC

No. 02-3875, 02-3916.

365 F.3d 181 (2004)

Milagros RIVAS, Individually and as Administrator ad Prosequendum of the Estate of Carlos Rivas; Amaurey Rivas; Sagrario Rivas; Carlos Rivas, Jr.; Aminabel Rivas; Paloma Rivas v. CITY OF PASSAIC; Passaic Police Department; City of Passaic-EMT Division; Ross Capuana, Police Officer, # 234; Paul Slater, Police Officer, # 283; Robert Callaghan, Police Officer, # 271; G. Caceres, Police Officer, # 307; Farallo, Police Officer, # 299; O'Donnell, Police Officer, # 301; Robert Longo, Police Officer, # 261; George Garcia, EMT; Amalin Rodriguez, EMT; Mike Lovitch, Paramedic; Bill Walsh, Paramedic; Passaic-Clifton MICU; John Does I Through X George Garcia; Amalin Rodriguez, Appellants, City of Passaic; Passaic Police Department; Police Officer Paul Slater, # 283; Police Officer Ross Capuana, # 234; Police Officer Robert Callaghan, # 271; Police Officer Farallo, # 299; Police Officer O'Donnell, # 301; Police Officer Robert Longo, # 261, Appellants.

United States Court of Appeals, Third Circuit.

Filed: April 26, 2004.

Attorney(s) appearing for the Case

David L. Ganz, (Argued), Ganz & Savin, LLP, Fair Lawn, N.J., for Appellants Garcia and Rodriguez.

Peter W. Till, (Argued), Law Offices of Peter W. Till, Springfield, N.J., for Appellant Farallo.

Anthony J. Fusco, Jr., Fusco & Macaluso, Passaic, N.J., for Appellant O'Donnell.

Nicholas J. Palma, Clifton, N.J., for Appellant Slater.

Joel M. Miklacki, Bloomfield, N.J., for Appellant Callaghan.

Miles Feinstein, Clifton, N.J., for Appellant Capuana.

Kathleen C. Goger, (Argued), Singer & Goger, Newark, N.J., for Appellees.

Before AMBRO, FUENTES, and GARTH, Circuit Judges.

GARTH, Circuit Judge.

This Section 1983 case focuses on the conduct of a group of police officers and medical professionals who responded to an emergency in an apartment where a middle-aged man was experiencing a seizure. The seizure victim, after being restrained, died shortly after the police arrived, thereby prompting a lawsuit by his family. The District Court denied motions brought by the police officers and the medical professionals for summary judgment, giving...

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