KELSEA MERCER, as Administrator of the Estate of Jennifer Ohlinger, deceased v. ATHENS COUNTY, OHIO, et al.; JAMES GRAY, II, RN, CHARITY LOWERY, and AMISTA JARVIS - Articles

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KELSEA MERCER, as Administrator of the Estate of Jennifer Ohlinger, deceased v. ATHENS COUNTY, OHIO, et al.; JAMES GRAY, II, RN, CHARITY LOWERY, and AMISTA JARVIS

Posted by: Karen Belcher on Jun 29, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: R. Craig McLaughlin, ELK & ELK CO., LTD., Mayfield Heights, Ohio, for Appellant.

Attorneys 2: ARGUED: Aaron M. Glasgow, ISAAC WILES & BURKHOLDER, LLC, Columbus, Ohio, for Appellees.

Attorneys 3: ON BRIEF: R. Craig McLaughlin, ELK & ELK CO., LTD., Mayfield Heights, Ohio, for Appellant.

Attorneys 4: ON BRIEF: Aaron M. Glasgow, Mark Landes, ISAAC WILES & BURKHOLDER, LLC, Columbus, Ohio, for Appellees.

Judge(s): MOORE, CLAY, and MATHIS, Circuit Judges

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

MATHIS, Circuit Judge. Jennifer Ohlinger was arrested on charges of burglary and receiving stolen property and brought to the Southeastern Ohio Regional Jail (“SEORJ”). On the morning of June 25, 2018, after Ohlinger struck her head, briefly lost consciousness, suffered seizures, and urinated on herself, the jail nurse ordered a blood draw and gave her an ibuprofen instead of sending her to the hospital. A day later, she was dead. After Ohlinger’s death, her daughter, Kelsea Mercer, as administrator of Ohlinger’s estate, sued for the alleged violation of Ohlinger’s constitutional rights under 42 U.S.C. § 1983 and for wrongful death under Ohio Rev. Code Ann. § 2125.02. The district court granted summary judgment to Nurse James Gray, II, Officer Charity Lowery, and Officer Amista Jarvis (collectively, “Defendants”). For the reasons that follow, we reverse the district court’s grant of summary judgment to Nurse Gray and affirm the district court’s grant of summary judgment to Officers Jarvis and Lowery.

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