Stricker v. Twp. of Cambridge , No. 11-1998 (6th Cir. 2013)
Annotate this CaseSusan called 911, seeking help for her 21-year-old son, Andrew, who had “overdosed on some kind of drugs.” EMS personnel waited outside for police per township policy. Sergeant Hunt informed dispatch that he had previously arrested heroin addicts who lived at the address. Hunt was admitted by Andrew’s father and observed Andrew looking very pale. Learning that Hunt was a police officer, Susan demanded that Hunt leave. Hunt explained that rescue personnel have a duty to check the victim, but will not enter a home without a police officer. Susan told Hunt that she was a nurse and that there was no longer any need for EMS. Hunt left and waited in the driveway with medical personnel. Other officers arrived and demanded that the door be opened or that Andrew be sent outside to be checked out. The Strickers continued to resist. A state police dispatcher recommended forced entry to help Andrew, considering Andrew’s history as a heroin user. Assistant Prosecutor Riley agreed that a forced entry was warranted. The officers entered and handcuffed the parents while they administered care to Andrew. The district court granted defendants summary judgment in the Stricklers’ suit under 42 U.S.C. 1983, finding that exigent circumstances justified all of the police’s actions. The Sixth Circuit affirmed.
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