No Qualified Immunity For Sheriff’s Officers; Question Of Fact Whether Fourth Amendment Violation.

A woman was shot in the jaw by her husband. Paramedics determined she needed to be transported by air ambulance, and had her in an ambulance to take her to the landing zone. A police sergeant at the scene refused to let the ambulance leave immediately because he viewed the area as a crime scene and thought the victim had to be interviewed. The ambulance was delayed somewhere between 5 and 12 minutes. The trip to the landing zone took 11 minutes, and the woman died en route. The deceased family brought an action against various Sheriff’s officers under 42 U.S.C. §1983. The district court denied summary judgment. The Ninth Circuit affirmed, noting that normally Sheriff’s officers could not be held liable under §1983 for an injury inflicted by a third party, but the danger exception applies when government officers affirmatively place a victim in a position of danger.

The deceased’s father also sued the Sheriff’s officers for violating the Fourth Amendment. At the scene, the sergeant had also ordered the parents separated. The father was outside pacing the driveway when he was informed his daughter died. He attempted to leave the driveway, find his wife and tell her about their daughter’s death. He was sprayed with pepper spray, struck with a baton and handcuffed. The Ninth Circuit found there was a question of fact, and affirmed the district court’s denial of summary judgment. Estate of Kristen Marie Maxwell Bruce v. County of San Diego (Ninth Cir.; September 13, 2012) (Case No. 10-56671, 10-56706) 697 F.3d 941.