SARAH WILSON, AS ADMINISTRATOR OF THE ESTATE OF JACK HUELSMAN; CHERYL HUELSMAN 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 - Articles

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SARAH WILSON, AS ADMINISTRATOR OF THE ESTATE OF JACK HUELSMAN; CHERYL HUELSMAN 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

Posted by: Karen Belcher on Jul 1, 2021

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: M. Caroline Hyatt, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants.

Attorneys 2: ARGUED: Jeannette E. Nichols, CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, for Appellees.

Attorneys 3: ON BRIEF: M. Caroline Hyatt, Alphonse A. Gerhardstein, GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants.

Attorneys 4: ON BRIEF: Jeannette E. Nichols, G. Ernie Ramos, Jr., CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, Kimberly A. Rutowski, LAZARUS & LEWIS, LLC, Cincinnati, Ohio, for Appellees.

Judge(s): KETHLEDGE, STRANCH, and BUSH, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Cincinnati

JANE B. STRANCH, Circuit Judge. 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.

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