Parrish Ex Rel Lee v. Cleveland.

• Position: Dead prisoners estate sues police officers for deliberately indifference - Brief Article

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 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 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 when they...