Jackson v. Schultz

This civil rights lawsuit arises out of the tragic death of plaintiff Patricia Jacksons son Alter Keith Jackson ("decedent"). The complaint alleges that defendants Andreas Shultz and Richard Cadoura, Detroit Fire Department EMTs, watched decedent die in the back of an ambulance without providing any medical care. Shultz and Cadoura ("EMTs") moved for dismissal on the grounds that they were entitled to qualified immunity. The district court held that the EMTs were not entitled to qualified immunity because, accepting plaintiffs allegations, they violated decedents clearly established constitutional right to receive competent medical care while in custody. This appeal ensued. Decedents clearly established constitutional rights were not violated because the decedent was never in custody and the EMTs did nothing to increase the risk of harm to decedent. The EMTs are entitled to qualified immunity. We therefore REVERSE and DISMISS.