Capanna v. City of Philadelphia

Opinion by

Judge Barry,

This case is a companion to City of Philadelphia v. Middleton, 89 Pa. Commonwealth Ct. 362, 492 A.2d 763 (1985).

Appellant, Sarah Capanna, appeals an order of the Court of Common Pleas of Philadelphia County sustaining preliminary objections filed by the City of Philadelphia (appellee).

Appellant’s complaint in trespass alleges that city police officers in response to a radio call to pick up a “hospital case”, instead of taking appellant’s decedent to a hospital arrested him and placed him in a cell where he was found dead three hours later. Appellant claims that the…