Heeter v. Bowers, No. 23-3296 (6th Cir. 2024)
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This case involves a lawsuit filed by the family of Bill Heeter against Officer Kenneth Bowers and the Columbus Police Department. The family alleges that Officer Bowers used excessive force and violated Mr. Heeter's constitutional rights when he shot and killed Mr. Heeter during a police response to a suicide threat. The family also alleges that Officer Bowers violated Mr. Heeter's right to adequate medical care by failing to administer first aid after the shooting.
The case was initially heard in the United States District Court for the Southern District of Ohio, where the defendants claimed immunity from the lawsuit. The district court granted the defendants immunity from some claims but denied others. The two constitutional claims against Officer Bowers that survived qualified immunity in the district court are the central focus of this appeal.
The United States Court of Appeals for the Sixth Circuit affirmed the district court's denial of state-law immunity and qualified immunity as to Officer Bowers in his individual capacity, allowing the Heeters’ constitutional and state-law claims against him to proceed to trial. However, the court held that the City was entitled to summary judgment on the state-law claims because of an Ohio municipal immunity statute. The court reversed solely on the issue of municipal immunity for the City, and otherwise affirmed the district court's decision.
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