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ZICCARDI v. CITY OF PHILADELPHIA

No. 01-1895.

288 F.3d 57 (2002)

* 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)

United States Court of Appeals, Third Circuit.

Opinion Filed April 30, 2002.

Attorney(s) appearing for the Case

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.

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