Cannon v. City of Philadelphia
In the case of Cannon v. City of Philadelphia, the plaintiff came forward with several claims before the court. The court allowed the plaintiff to present arguments on danger created by the state exception. In concise, the extermination of this exception required the court to examine the four part test which the plaintiffs claim(s) must fulfil.
First, the plaintiff observed that the officers at the scene did not respond to her urgent need to visit the hospital because of her chest pains. She mentions that she repeatedly told them she needed attention. However, she noted that they refused to grant her access to a vehicle because the roads were blocked. The court tested her claim with the first part of Kneipp test to evaluate whether the officers foresee-ably caused the harm on the plaintiff.
Citing the cases of Mark and Morse, the court explained the situations when the first Kneipp test exception can be applied. In addition, the court further examined the second Kneipp test to investigate whether the state officers acted in a manner that disregarded the safety of the plaintiff. However, the court noted that the situation at the scene was not ideal for tense. The court further noted that the officers were under pressure and did not act in a manner that conscience shocking. It is imperative for the plaintiff to prove under Lewis and Miller that the state officers directly disregarded her safety, which is not the case.
The court granted the plaintiff motion that the city’s customs directly influenced her health situation. She observed that the officers should have been trained adequately to handle first aid cases. However, the court observed that the plaintiff’s motion that the city had failed to train its officers adequately was denied because of her complex situation.
The plaintiff, therefore, cannot hold the city of Philadelphia liable for her medical condition because she has failed to offer valid evidence to show how the state officers were responsible to her condition.
References
CANNON v. CITY OF PHILADELPHIA | Leagle.com. (n.d.). CANNON v. CITY OF PHILADELPHIA | Leagle.com. Retrieved November 20, 2013, from http://www.leagle.com/decision/200054686FSupp2d460_1504
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