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PATRICIA LANMAN,
Plaintiff-Appellee,
v.
ROBERT HINSON, JAMES SIEGFRIED, MIKE MOREY, LINDA SHAFFER-PRICE, GEORGE WHITE, JULIE STIVER, R.N., EDWINA KOEHN-KOLDENHOF, R.N., JEAN PRANDINE, STEVEN BRONSINK,
Defendants-Appellants.


No. 06-2263

Appeal from the United States District Court
for the Western District of Michigan at Grand Rapids.
No. 04-00122—Robert H. Cleland, District Judge.
Argued: November 29, 2007
Decided and Filed: June 17, 2008
Before: KENNEDY, MARTIN, and CLAY, Circuit Judges.

_________________________
OPINION
_________________________

BOYCE F. MARTIN, JR., Circuit Judge. On January 5, 2002, Eugene Lanman was admitted to Kalamazoo Psychiatric Hospital. The next day, while suffering psychiatric delusions, he attacked a staff member. Lanman was immediately restrained by staff and administered medication to calm him down. During the attempt to restrain Lanman, he stopped breathing and never regained consciousness. He died seventeen days later after being taken off life support. His personal representative brought this action against the staff of the hospital, alleging violation of Lanman’s constitutional rights in transgression of 42 U.S.C. § 1983, abuse or neglect in violation of Michigan law, and assault and battery. The district court denied defendants’ motion for summary judgment claiming qualified immunity on all of plaintiff’s claims, and defendants brought this interlocutory appeal challenging that ruling.

. . .

We find that the Fourteenth Amendment governs the constitutional right of voluntarily committed mental health patients to be free from undue bodily restraint. We also find that the plaintiff in this case has established a genuine issue of material fact under both his federal claim and his state law claims with regard to defendants James Siegfried, Mike Morey, George White, Robert Hinson and Julie Stiver, R.N. However, plaintiff has failed to allege sufficient facts to maintain his claims against defendants Edwina Koehn-Koldenhof, R.N., Jean Prandine, Linda Shaffer-Price, and Steve Bronsink. Thus, we AFFIRM the district court’s denial of defendants’ motion for summary judgment claiming qualified immunity to plaintiff’s § 1983 claim with regard to defendants James Siegfried, Mike Morey, George White, Robert Hinson and Julie Stiver, R.N., and REVERSE with regard to defendants Edwina Koehn-Koldenhof, R.N., Jean Prandine, Linda Shaffer-Price, and Steve Bronsink. We AFFIRM the district court’s denial of defendants’ motion for summary judgment on plaintiff’s two state law claims with regard to defendants James Siegfried, Mike Morey, George White, Robert Hinson and Julie Stiver, R.N., and REVERSE with regard to defendants Edwina Koehn-Koldenhof, R.N., Jean Prandine, Linda Shaffer-Price, and Steve Bronsink.