The Denver-based federal appeals court decided on Monday that a Colorado Springs paramedic and police officer could not be held liable for constitutional violations for their roles in restraining a man in a mental health crisis, leading to his death.
Kevin Dizmang’s surviving daughter alleged that paramedic Nick Fischer used excessive force on Dizmang in violation of the Fourth Amendment’s prohibition on unreasonable seizures. Sean Reed, a police officer, also allegedly failed to intervene to stop Fischer’s unlawful seizure. A trial judge initially determined that the defendants were entitled to qualified immunity, a judicial doctrine that shields government employees from civil lawsuits unless they violate a person’s clearly established legal rights.
A three-judge panel of the U.S. Court of Appeals for the 10th Circuit declined to say whether Fischer’s actions amounted to a constitutionally unreasonable seizure against Dizmang, whose death was ruled a homicide. Instead, the panel concluded no prior cases would have put Fischer on clear notice that his use of force violated the Fourth Amendment…