Joseph Myers v. Medical Center of Delaware, Inc., et al.

This case involves multiple claims against medical personnel and police officers
stemming from events following the tragic death of a five-year-old child, Valeria Renee
Myers. On the night that Valeria was brought into the Emergency Department at the
Medical Center of Delaware, emergency room personnel who examined the deceased
child initially thought she had been sexually abused. This "misdiagnosis" triggered a
series of events leading to the lengthy overnight interrogation of both parents, Phyllis and
Joseph Myers, and an extensive search of the Myers's home. Only the next morning,
after a full autopsy, was it determined that Valeria had died of natural causes and had not
been sexually abused.
Joseph Myers filed suit in Delaware Superior Court against the medical staff of the
Medical Center of Delaware for medical malpractice, slander, and failure to adequately
train and supervise physicians; and against the police officers involved in the
investigation, for constitutional violations under the Fourth Amendment. Defendants
removed the case to federal court under 28 U.S.C.  1441(b). The District Court granted
summary judgment to the medical defendants on the medical malpractice claims holding
they were statutorily immune and that Myers had failed to produce competent expert
testimony as required by Delaware law. With respect to the defendant police officers, the
District Court found that Officers Domenick Gregory and John Haug violated Myers's
constitutional rights and granted Myers partial summary judgment. But the court found
that Corporal Malvern Slawter and the remaining officers were immune by reason of
qualified immunity and granted them summary judgment. The District Court certified the
case for appeal under Fed. R. Civ. P. 54(b), although damage claims remained pending.
Myers has appealed, and Officers Gregory and Haug have cross-appealed.
Because this case does not meet the requirements of Rule 54(b), we will decline
jurisdiction, except for the appeals of Officers Gregory and Haug, who may immediately
appeal the denial of qualified immunity. Mitchell v. Forsyth, 472 U.S. 511 (1985); Eddy
v. Virgin Islands Water and Power Auth., 256 F.3d 204 (3d Cir. 2001).

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Click the case caption above for the full text of the
Court's opinion.

We affirm the denial of qualified immunity for Officer
Gregory, but we will reverse the denial of qualified immunity for Officer Haug.
Otherwise, we decline jurisdiction to address the other appeals.

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