Cardenas et al v. Banner Health et al

Filing 21

ORDER Deferring Ruling on 17 Defendants' Motion for Summary Judgment until sufficient discovery has been completed as to the relevant circumstances, signed by Judge Richard P. Matsch on 12/11/2009.(rpmcd)

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLORADO constitutionality Senior District Judge Richard P. Matsch Civil Action No. 09-cv-00610-RPM ELIZABETH CARDENAS and GEORGE WITTNER, parents and next friends to Decedent, IAN WITTNER, Plaintiffs, v. BANNER HEALTH, an Arizona nonprofit organization, d/b/a NORTH COLORADO MEDICAL CENTER; ROBERT GEORGE RUEGG, M.D.; SUSAN J. PONDER, R.N.; and JOHN DOES 1-25, Defendants. ____________________________________________________________________________ ORDER DEFERRING RULING ON DEFENDANTS' MOTION FOR SUMMARY JUDGMENT ____________________________________________________________________________ Upon consideration of the defendants' motion for summary judgment asserting qualified immunity based upon the contention that there is no clearly established law concerning the unconstitutionality of involuntarily administering drugs to restrain a person and the cases cited by the defendants, it appears to the Court that some discovery is necessary to determine whether the injections of the decedent Ian Wittner were, under the circumstances, within the scope of professional judgment of qualified medical practitioners such that the Court should defer to their judgment, it is ORDERED, that ruling on the motion for summary judgment is deferred until sufficient discovery has been completed as to the relevant circumstances. DATED; December 11th, 2009 BY THE COURT: s/Richard P. Matsch __________________________ Richard P. Matsch, Senior Judge