THOMAS v. CITY OF HARRISBURG

Nos. 21-2963, 21-2964 & 21-3018.

88 F.4th 275 (2023)

Sherelle THOMAS, Administrator of the Estate of Terelle Thomas; T. T., a minor, individually, as child of decedent Terelle Thomas and as his sole survivor v. CITY OF HARRISBURG; Officer Daril Foose; Officer Scott Johnsen; Officer Adrienne Salazar; Travis Banning; Officer Brian Carriere; Harrisburg City Police Dept John Doe Police Officers 1-5; Dauphin County Adult Probation John Doe Supervisory Officers 1-5; Dauphin County Prison John Doe Prison Officials 1-5; Dan Kinsinger; Dauphin County; PrimeCare Medical Inc; PrimeCare John Does Medical Employees 1-5, Appellants.

United States Court of Appeals, Third Circuit.

(Opinion filed December 6, 2023).


Attorney(s) appearing for the Case

Sheryl L. Brown (ARGUED), Siana Law, 941 Pottstown Pike, Suite 200, Chester Springs, PA 19425, Counsel for Appellants Officer Daril Foose, Officer Brian Carriere.

Frederick B. Buck (ARGUED), Rawle & Henderson, 1500 Market Street, 19th Floor, Centre Square West, Philadelphia, PA 19102, Counsel for Appellants Officer Scott Johnsen, Officer Adrienne Salazar and Travis Banning.

Kimberly A. Boyer-Cohen (ARGUED), Marshall Dennehey Warner Coleman & Goggin, 2000 Market Street, Suite 2300, Philadelphia, PA 19103, Counsel for Appellant Dan Kinsinger.

Kevin V. Mincey , Riley H. Ross, III (ARGUED), Mincey Fitzpatrick Ross, 1650 Market Street, 36th Floor, Philadelphia, PA 19103, Counsel for Appellees.

Before: JORDAN, PHIPPS and ROTH, Circuit Judges.


OPINION

Sherelle Thomas1 sued the City of Harrisburg; PrimeCare Medical, Inc.; and several individual law enforcement officers (the Officers) on behalf of her decedent relative, alleging that defendants failed both to render medical care and to intervene to prevent a violation of the right...

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