Date: 02-19-2002

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

Case Number: 00-1631 & 00-1719

Judge: Scirica

Court: United States Court of Appeals for the Third Circuit

Plaintiff's Attorney: James B. O'Neill, Willmington, Delaware

Defendant's Attorney: James E. Drnec of Morris, James, Hitchens & Williams, Wilmington, Delaware

John E. Tracey and Megan K. D'Iorio, Office of County Counsel, Department of Law, New Castle, Delaware

Mason E. Turner of Prickett, Jones & Elliott, Wilmington, Delaware

Warren B. Burt, Hockessin, Delaware

Description: 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.

Outcome: 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.

Plaintiff's Experts: Unknown

Defendant's Experts: Unknown

Comments: