Eberhardt

Eberhardt v. City of Los Angeles

Good Law
62 F.3d 1253·95 Daily Journal DAR 11209·1995 WL 494064·1995 U.S. App. LEXIS 23052·95 Cal. Daily Op. Serv. 6553
United States Court of Appeals for the Ninth CircuitAugust 21, 1995No. 93-56564California2,963 words

Opinion

Lead Opinion

Pregerson, J.

Plaintiff-Appellant Roland Charles Eber-hardt (“Eberhardt”), the father of decedent Allan Eberhardt, appeals the district court’s grant of summary judgment in favor of Defendants-Appellees San Pedro Peninsula Hospital and Dr. Larry Orosz. Eberhardt sued the hospital and Dr. Orosz for discharging his son in an unstable mental condition, in violation of the Emergency Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd (1986). Eberhardt’s son was fatally shot by Los Angeles police officers 30 hours after he was discharged. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

BACKGROUND

On July 18, 1991, neighbors of Allan Eber-hardt called paramedics to report that Allan was suffering from a heroin overdose. Allan admitted to smoking heroin and taking cocaine. The paramedics found that Allan, who was 23 years old, was orientated, had a blood pressure of 130/96, a pulse of 64, respirations of 22, reactive pupils, and clear lungs. The paramedics applied oxygen and administered .8 mg. of Narcan, a drug that reverses the effects caused by morphine and other opioid drugs. The paramedics then transported Allan to San Pedro Peninsula Hospital.

At the hospital, Allan told the…

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