Photo: Shutterstock 3rd Circuit Revives State-Created Danger Claim Against Nurse
Oglesby served as head of Brandon Mears' nursing team, knew about the deterioration of his mental health and had knowledge of the risk Mears' son had to her. Additionally, she "repeatedly complained to June about Brenden's behavior," the appellate court said.
February 04, 2022 at 11:22 AM
3 minute read
State and Local Government
The original version of this story was published on New Jersey Law Journal
The U.S. Court of Appeals for the Third Circuit reinstated a mother's suit claiming a nurse at a state-operated psychiatric facility left her in danger because she "abandoned her" during a visit with her mentally ill son, who then assaulted her.
In a precedential opinion, the appellate panel partially reversed the district court's dismissal of June-Lori Mears' suit against nurse Shira Oglesby on Jan. 31, saying that Mears may still have a "state-created danger" claim against Oglesby.
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