INDIANAPOLIS, June 24,
2024 /PRNewswire/ -- The National Police Association
(NPA) has filed an amicus curiae brief with the Supreme Court of
the United States asking it to
reverse a ruling by the United
States Court of Appeals for the Third Circuit that places
police officers at financial risk for doing their jobs and
endangers the public by threatening to overwhelm and make
unavailable hospital emergency rooms.
In the matter of Daniel Kinsinger
v. Sherelle Thomas, Administrator of
the Estate of Terrelle Thomas, et
al., the United States Court of
Appeals for the Third Circuit has ruled that police officers can be
sued for taking a person suspected of being on drugs, who is
showing no signs of distress, to a booking center that provides
medical screening instead of a hospital.
In Kinsinger, Officer Kinsinger and fellow law enforcement made
a traffic stop in Harrisburg,
Pennsylvania. After coming in contact with Terrelle Thomas, officers believed Mr. Thomas
had ingested cocaine. Mr. Thomas denied this. These officers—seven
in total—closely watched Mr. Thomas's condition. None saw Mr.
Thomas become ill or act under the influence.
During a subsequent search of the vehicle, the officers found
cocaine, marijuana, and drug paraphernalia. After arresting Mr.
Thomas, Mr. Thomas was taken to the Dauphin County Booking Center.
Thirty-eight minutes after Officer Kinsinger encountered Mr.
Thomas, Mr. Thomas arrived at the DCBC. The accompanying officer
informed medical staff that they suspected Mr. Thomas had swallowed
cocaine. The medical staff examined Mr. Thomas and deemed him clear
to stay at the facility. Roughly one hour later, Mr. Thomas
collapsed in his cell, and died at a local hospital three days
later.
Mr. Thomas's estate sued the involved officers, the
medical-intake company, and the City of
Harrisburg, alleging the officers acted deliberately
indifferent to Mr. Thomas's medical needs and that each officer
failed to intervene and provide medical care.
The effect of this ruling is officers are going to be waiting at
hospitals until anyone suspected of drug use gets the all-clear,
overwhelming emergency rooms, delaying their ability to treat the
public, and creating a lack of officers on the street doing their
jobs.
In an amicus curiae brief filed June 10,
2024, with the United States Supreme Court, the National
Police Association argued that the Third Circuit Court of Appeals
improperly expanded substantive due process rights when it ruled
that Dauphin County, Pennsylvania
probation officer Daniel Kinsinger
had acted deliberately indifferent to a suspect's medical needs. In
so doing, the Third Circuit implicitly ruled that criminal suspects
who have potentially taken drugs have a constitutional right to
in-hospital medical care, even if non-hospital medical care is
available and obtained. The NPA explained in its brief that such
recognition is not warranted under the standards governing
substantive due process, and for that reason urged the Supreme
Court to accept Officer Kinsinger's case for review and reverse the
3rd Circuit's ruling.
The National Police Association is represented by Robert S. Lafferrandre and Jeffrey C. Hendrickson of Pierce Couch Hendrickson Baysinger & Green,
L.L.P., in Oklahoma City,
Oklahoma. The case is Daniel
Kinsinger v. Sherrelle
Thomas, et al., No. 23-1204, before the United States
Supreme Court. The NPA's brief can be accessed here.
NationalPolice.org is a 501(c)3 nonprofit with a mission
of educating supporters of law enforcement in how to help police
departments accomplish their goals.
Media Contact:
Tim
Livingston
567.245.5128
379510@email4pr.com
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SOURCE The National Police Association