Lumley v. City of Dade City, Fla.

• Position: Respondeat superior - Brief Article

U.S. Appeals Court

VICARIOUS LIABILITY

Lumley v. City of Dade City, Fla., 327 F.3d 1186 (11th Cir. 2003). An arrestee who was wounded in a shoot-out brought a suit against police officials. The district court granted summary judgment in favor of the defendants on the arrestee's Sixth Amendment claim, but rejected their qualified immunity defense, and both sides appealed. The appeals court affirmed in part and reversed in part. The court held that a law enforcement officer's decision while he was present in the hospital watching the arrestee as he awaited surgery for a bullet wound, that the arrestee should be strapped to the hospital...