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Parrish Ex Rel Lee v. Cleveland.


U.S. Appeals Court

TRANSPORTATION

PROTECTION FROM HARM

Parrish Ex Rel Lee v. Cleveland, 372 F.3d 294 (4th Cir. 2004). The personal representative of the estate of an arrestee ARRESTEE, law of Scotland. He in whose hands a debt, or property in his possession, has been arrested by a regular arrestment. If, in contempt of the arrestment, he shall make payment of the sum, or deliver the goods arrested to the common debtor, he is not only liable criminally for  who died in police custody sued police officers, alleging they were deliberately indifferent to the risk of serious physical harm to the arrestee, in violation of the Fourteenth Amendment. The district court denied the officers' motion for summary judgment motion for summary judgment n. a written request for a judgment in the moving party's favor before a lawsuit goes to trial and based on recorded (testimony outside court) affidavits (or declarations under penalty of perjury), depositions, admissions of fact, answers  and the officers appealed. The appeals court reversed and remanded with instructions. The appeals court held that the officers were entitled to qualified immunity. The plaintiffs alleged that the officers were deliberately indifferent to the risk of asphyxiation asphyxiation /as·phyx·i·a·tion/ (as-fix?e-a´shun) suffocation; the stoppage of respiration.
Asphyxiation
Oxygen starvation of tissues.
 when they placed a "spit mask" over the intoxicated in·tox·i·cate  
v. in·tox·i·cat·ed, in·tox·i·cat·ing, in·tox·i·cates

v.tr.
1. To stupefy or excite by the action of a chemical substance such as alcohol.

2.
 arrestee and he vomited into it. The arrestee had been taken into custody on suspicion of being drunk in public Drunk in Public is the first CD released by comedian Ron White. It features many of his act from the Blue Collar Comedy Tour with the addition of profanity. It was released on 2003-11-03 on the Hip-O Records label. Track listing
All tracks written by White.
 and was placed handcuffed in the back of a police van for transportation to a detention facility that had medical care available for intoxicated detainees. The inmate died from aspiration of gastric content and positional asphyxia. (Fairfax County Police Department, Virginia)
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Title Annotation:dead prisoners estate sues police officers for deliberately indifference
Publication:Corrections Caselaw Quarterly
Article Type:Brief Article
Geographic Code:1U5VA
Date:Aug 1, 2004
Words:177
Previous Article:Nei v. Dooley.(prisoners sues prison officials for violating 8th amendment rights)(Brief Article)
Next Article:Yoder v. Ryan.(inmates alleges conspiracy)(Brief Article)
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