Wilson v. Gregory
Decision Date | 01 July 2021 |
Docket Number | No. 20-4161,20-4161 |
Parties | Sarah WILSON, as Administrator of the Estate of Jack Huelsman; Cheryl Huelsman, Plaintiffs-Appellants, v. Eric GREGORY and Meredith Walsh, individually and in their official capacities as employees of Clermont County, Ohio; Clermont County, Ohio/Clermont County, Ohio Board of Commissioners; Robert Leahy, in his official capacity as Sheriff of Clermont County, Ohio, Defendants-Appellees. |
Court | U.S. Court of Appeals — Sixth Circuit |
ARGUED: M. Caroline Hyatt, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants. Jeannette E. Nichols, CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, for Appellees. ON BRIEF: M. Caroline Hyatt, Alphonse A. Gerhardstein, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants. Jeannette E. Nichols, G. Ernie Ramos, Jr., CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, Kimberly A. Rutowski, LAZARUS & LEWIS, LLC, Cincinnati, Ohio, for Appellees.
Before: KETHLEDGE, STRANCH, and BUSH, Circuit Judges.
STRANCH, J., delivered the opinion of the court in which KETHLEDGE, J., joined, and BUSH, J., joined in part. STRANCH, J. (pp. 863–64), also delivered a separate concurring opinion in which KETHLEDGE, J., joined in Part A. BUSH, J. (pp. 864–66), delivered a separate opinion concurring in part and dissenting in part.
The claims in this case result from a mental health crisis suffered by Jack Huelsman, who lived with what family members describe as symptoms of paranoia and bipolar disorder. In the midst of the crisis, his wife, Cheryl Huelsman, a nurse, called their daughter and urged her to call 911. Clermont County Deputies Eric Gregory and Meredith Walsh responded to the call. They were aware of Mr. Huelsman's mental health and that there might be guns in the house. When they arrived, Deputy Gregory called off the paramedics who had also responded. Deputy Gregory spoke with both Mrs. Huelsman, who expressed her desperate fear that her husband would commit suicide, and Mr. Huelsman, whom Deputy Gregory considered to be lucid. Mrs. Huelsman repeatedly exhorted Gregory not to leave Mr. Huelsman alone, but the Deputy left him inside the home, unattended, for about nine minutes. Mr. Huelsman committed suicide.
Mrs. Huelsman and her daughter Sarah Wilson (the "Huelsmans") sued the Deputies and other County officials (the "Defendants"). They asserted claims for deprivation of civil rights under 42 U.S.C. § 1983 ; denial of public services under the Americans with Disabilities Act (ADA); and multiple torts under Ohio law. The district court granted the Defendants’ motion for summary judgment. We AFFIRM that decision as to the Huelsmans’ § 1983 and ADA claims and VACATE it as to their state law claims against Deputies Gregory and Walsh.
At age 64, Mr. Huelsman experienced what family members describe as symptoms of paranoia and bipolar disorder. On September 19, 2015, he accused Mrs. Huelsman of playing recordings of political speeches outside his door; taking and crumpling Korean money; stealing his wallet and keys; and sabotaging his electronic devices. Mrs. Huelsman had worked as a nurse in the area for many years, often encountering people experiencing mental health crises, and was familiar with the types of first responders that would generally be dispatched to respond to calls of mental health crises. Distressed, she called their daughter, Ms. Wilson, to tell her about Mr. Huelsman's mental health crisis and ask for help calming Mr. Huelsman. Mr. Huelsman repeated his delusions to Ms. Wilson, told her that Mrs. Huelsman "wouldn't be able to stay in the house because she wouldn't get life insurance if he killed himself " and said that "[h]e was a prisoner in his own home" and "had no reason to live" (in Ms. Wilson's words) before hanging up. (R. 40, Wilson Dep., PageID 347, 380) Ms. Wilson and Mrs. Huelsman decided to call 911, but because Mrs. Huelsman felt she could not do so within Mr. Huelsman's earshot, Ms. Wilson made the call. Once on the phone with the 911 dispatcher, she explained:
(R. 50-12, 911 Call Tr., PageID 1778–82)
Deputies Gregory and Walsh responded to the call. The dispatcher told them, verbally and in writing via their car computer:
(R. 41-6, CAD Rep., PageID 467–68) The parties dispute whether Deputies Gregory and Walsh were aware of this information from the dispatcher before arriving at the Huelsmans’ home. Walsh subsequently confirmed that her later report contained this information and that there was no other way she could have learned of it. Nevertheless, both Deputies were aware that Mr. Huelsman was acting abnormally, and they had been trained in mental health crisis intervention, which included learning the information that a majority of people who die by suicide lived with preexisting mental health conditions.
While they were on their way, Mrs. Huelsman spoke with Mr. Huelsman to try to calm him and deescalate the situation. The Deputies arrived and Mrs. Huelsman invited Deputy Gregory inside. Deputy Gregory asked about what was happening and Mrs. Huelsman told him that Mr. Huelsman "was having a mental illness crisis," explaining the situation and Mr. Huelsman's delusional accusations. (R. 39, Huelsman Dep., PageID 234) Deputy Gregory responded, as Mrs. Huelsman recalled it, "I'm not going to put him in the back of a squad car and haul him away based on what you're telling me." (Id. at PageID 235) She replied to the effect that (Id. at PageID 236) Mr. Huelsman had been silent up to this point, but then said that the voices he believed he was hearing were actually coming from the radio and that he thought Mrs. Huelsman had manipulated his devices. In Deputy Gregory's recollection, Mr. Huelsman was unable to explain exactly how any of them were not working properly.
In the meantime, emergency medical services (EMS) personnel had arrived and were waiting for the Deputies’ go-ahead. Though EMS personnel's ability to provide mental health services was limited to asking basic questions to test a person's mental acuity, their training and policy permitted them to assess a person's mental condition and make a recommendation to a deputy that the person should or should not be detained. Within four minutes of his arrival at the Huelsmans’ home, Deputy Gregory called off EMS.
After that, as Mrs. Huelsman explained:
(Id. ) Mrs. Huelsman thought this was "good" because to her, Deputy Gregory's...
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