Anderson v. City of Minneapolis, No. 18-1941 (8th Cir. 2019)Annotate this Case
Plaintiff filed suit alleging federal constitutional and tort claims against the city, the county, and several city and county employees after his son died of hypothermia. Plaintiff alleged that defendants, by prematurely declaring plaintiff's son dead and therefore cutting off possible aid, caused his death in violation of the due process clause of the Fourteenth Amendment.
The Eighth Circuit affirmed the district court's grant of defendants' motion to dismiss with prejudice, holding that plaintiff failed to identify a clearly established right and defendants were entitled to qualified immunity where they did not intentionally deny emergency aid to someone they believe to be alive. The court noted that the medical guidelines were not followed here could possibly be the basis for a negligence suit, but it was not the basis for a constitutional one.