LUZ AIDA CUEVAS, Individually on her own behalf v. City of Philadelphia

NOT PRECEDENTIAL
UNITED STATES COURT OF APPEALS
FOR THE THIRD CIRCUIT
No. 06-3765
LUZ AIDA CUEVAS, Individually on her own behalf and as a
parent and natural guardian of and on behalf of, DELIMAR
VERA, a minor; PEDRO VERA, Individually on his own behalf and as parent and
natural guardian of, and on behalf of, DELIMAR VERA, a minor
v.
CITY OF PHILADELPHIA; HAROLD B. HAIRSTON; JOHN J. GRUGAN;
VINCENT W. HEENEY; ROBERT J. MCBREARTY; LUCIEN CERULLI;
JOSEPH E. RISSLING; HARESH MIRCHANDANI, M.D.; CARL SPURILL;
DAVID QUAIN; PAT KAUFFMAN, M.D.; GREG MCDONALD, D.O.;
CAROLYN H. REVERCOMB, M.D.; RICHARD NEAL
LUZ AIDA CUEVAS, Individually on her own behalf
and as parent and natural guardian of,
and on behalf of, Delimar Vera, a minor,
Appellant
No. 06-3793
LUZ AIDA CUEVAS, Individually on her own behalf and as a
parent and natural guardian of and on behalf of, DELIMAR
VERA, a minor; PEDRO VERA, Individually on his own behalf and as parent and
natural guardian of, and on behalf of, DELIMAR VERA, a minor
v.
CITY OF PHILADELPHIA; HAROLD B. HAIRSTON; JOHN J. GRUGAN;
VINCENT W. HEENEY; ROBERT J. MCBREARTY; LUCIEN CERULLI;
JOSEPH E. RISSLING; HARESH MIRCHANDANI, M.D.; CARL SPURILL;
DAVID QUAIN; PAT KAUFFMAN, M.D.; GREG MCDONALD, D.O.;

-- 1 of 4 --

2
CAROLYN H. REVERCOMB, M.D.; RICHARD NEAL
PEDRO VERA, individually and on
his own behalf as parent of
Delimar Vera,
Appellant
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
(D.C. Civil No. 05-cv-03749)
District Judge: The Honorable Gene E.K. Pratter
Argued: October 3, 2007
Before: McKEE, BARRY, and FISHER, Circuit Judges
(Filed: October 17, 2007)
Thomas M. Marrone, Esq. (Argued)
Alan M. Feldman, Esq.
Feldman, Shepherd, Wohlgelernier
Tanner & Weinstock
1845 Walnut Street, 25 Floorth
Philadelphia, PA 19103
Counsel for Appellant Luz Aida Cuevas
Michael J. Engle, Esq. (Argued)
Law Office of Joel P. Trigiani
123 South Broad Street
Suite 1812
Philadelphia, PA 19108
-AND-

-- 2 of 4 --

3
I. Michael Luber, Esq.
Suite 1812
123 South Broad Street
Philadelphia, PA 19107
Counsel for Appellant Pedro Vera
Jane Lovitch Istvan, Esq. (Argued)
17 Floorth
City of Philadelphia
Law Department
1515 Arch Street
One Parkway
Philadelphia, PA 19102
Counsel for Appellee City of Philadelphia, et al.
John P. Shea, Esq.
1617 JFK Blvd., Suite 1200
Philadelphia, PA 19102
Counsel for Appellee Patricia Kauffman, M.D.
OPINION
BARRY, Circuit Judge
Each of the contentions of the parties has been carefully considered by us, and we
have heard oral argument. We have also had the benefit of Judge Pratter’s thoughtful and
well reasoned forty-six page opinion. We are convinced that her analysis is not one on
which we can improve, and to write separately would be to add nothing of substance to

-- 3 of 4 --

4
that excellent opinion; indeed, to write separately would be doing little more than
paraphrasing what has already been written. Accordingly, and substantially for the
reasons set forth in Judge Pratter’s opinion, we will affirm.

-- 4 of 4 --