Dist. Ct. did not err in dismissing plaintiff’s section 1983 action, alleging that defendant-paramedic employed by City, violated her due process rights by failing to provide medical care after her fall in bathroom of paramedic’s home. Plaintiff alleged that after her fall, plaintiff did no more than rinse blood off her head, then wrapped plaintiff’s head in towel, placed her on his bed and sexually assaulted her. Dist. Ct. could properly find that due to plaintiff’s personal relationship with defendant-paramedic, plaintiff failed to allege facts necessary to show that City, through one of its off-duty paramedics, had constitutional obligation to protect and care for her following her fall, or that paramedic was acting under color of state law at time of alleged misconduct.
Federal 7th Circuit Court
Civil Court
Section 1983 Action