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McCULLUM v. TEPE

No. 11-3424.

693 F.3d 696 (2012)

Sheila McCULLUM, Individually and as Administratrix of the Estate of Timothy Hughes, Plaintiff-Appellee, v. Kenneth TEPE, Defendant-Appellant, Butler County, Ohio; Butler County Board of Commissioners; Richard K. Jones; Leah Johnson; Theresa Dietz, Sergeant; Jane or John Doe # 1; William Rogers; Resolutions Community Solutions, Inc.; Community Behavioral Health, Inc., Defendants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 28, 2012.

Attorney(s) appearing for the Case

ARGUED: David C. Calderhead , Calderhead, Lockemeyer & Peschke Law Office, Milford, Ohio, for Appellant. Jennifer L. Branch , Gerhardstein & Branch Co. LPA, Cincinnati, Ohio, for Appellee. ON BRIEF: David C. Calderhead , Joshua F. DeBra , Joel L. Peschke , Calderhead, Lockemeyer & Peschke Law Office, Milford, Ohio, for Appellant. Jennifer L. Branch , Alphonse A. Gerhardstein , Gerhardstein & Branch Co. LPA, Cincinnati, Ohio, for Appellee.

Before: BOGGS, GILMAN, and DONALD, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

Timothy Hughes died after hanging himself from his bed in the Butler County Prison. Hughes showed no outward signs that he was suicidal, but he did have a history of depression and asked to see Dr. Kenneth Tepe, the prison psychiatrist, about anti-depression medication. Hughes and Dr. Tepe never met. Hughes's mother filed this § 1983 suit, alleging that Tepe was deliberately indifferent to her son's serious medical need...

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