Wilson v. Gregory, No. 20-4161 (6th Cir. 2021)
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Huelsman, age 64, had symptoms of paranoia and bipolar disorder. In the midst of a crisis during which he expressed delusional thoughts and a desire to commit suicide, his wife, Cheryl, a nurse, called their daughter and urged her to call 911. Clermont County Deputies Gregory and Walsh responded, aware of Huelsman’s mental health and that there might be guns in the house. Gregory called off the paramedics who had also responded, calling the matter a domestic dispute. Gregory spoke with both Cheryl who expressed her desperate fear that her husband would commit suicide, and Huelsman, whom Gregory considered to be lucid. Cheryl repeatedly exhorted Gregory not to leave Huelsman alone, but the Deputy left him inside the home, unattended, for about nine minutes while calling for a Mobile Crisis team. Huelsman committed suicide, using a gun.
In a suit alleging civil rights violations, 42 U.S.C. 1983; denial of public services under the Americans with Disabilities Act (ADA); and Ohio law torts, the district court granted the defendants summary judgment. The Sixth Circuit affirmed as to the section 1983 and ADA claims and vacated as to the state law claims. The deputies were entitled to qualified immunity; it is not clear they had sufficient warning of the possible unconstitutionality of their conduct. Huelsman was not denied the benefits of Clermont County’s services for purposes of the ADA.
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