WALLER EX REL. ESTATE OF HUNT v. DANVILLE, VA.

No. 07-2099.

556 F.3d 171 (2009)

Olivia WALLER, Administrator of the ESTATE OF Rennie Edward HUNT, Jr., deceased, Plaintiff-Appellant, v. CITY OF DANVILLE, VIRGINIA, A municipal corporation, Defendant-Appellee, and T. Neal Morris, Chief of Police of the City of Danville, Virginia, in both his individual and official capacities; Hugh Wyatt, in his individual and official capacity as City of Danville Police Officer; Gerald Ford, in his individual and official capacity as City of Danville Police Officer; Dennis Haley, in his individual and official capacity as City of Danville Police Officer; Jason Presley, in his individual and official capacity as City of Danville Police Officer; Officer Graham, in his individual and official capacity as City of Danville Police Officer; John Does, Police officers of the City of Danville Police Department, the identity and number of whom is presently unknown; Richard Roes, Supervisory police officers of the City of Danville, the identity and number of whom is presently unknown, in both their individual and official capacities; Todd Brown, in his individual and official capacity as City of Danville Police Officer; Kenneth Fitzgerald; William Chaney; B.C. Elliott, Defendants.

United States Court of Appeals, Fourth Circuit.

Decided: February 12, 2009.


Attorney(s) appearing for the Case

ARGUED: Charles Edelman Borden, O'Melveny & Myers, L.L.P., Washington, D.C., for Appellant. Martha White Medley, Daniel, Medley & Kirby, P.C., Danville, Virginia, for Appellee. ON BRIEF: Lani R. Miller, Amber Taylor, O'Melveny & Myers, L.L.P., Washington, D.C., for Appellant. James A.L. Daniel, M. Brent Saunders, H. Clay Gravely, IV, Daniel, Medley & Kirby, P.C., Danville, Virginia, for Appellee.

Affirmed by published opinion. Judge WILKINSON wrote the opinion, in which Judge MOTZ and Judge TRAXLER joined.


OPINION

WILKINSON, Circuit Judge:

Olivia Waller appeals the district court's grant of summary judgment to defendants on her claim under Title II of the Americans with Disabilities Act ("ADA"). Appellant argues that the Danville Police Department failed to reasonably accommodate Rennie Hunt's mental illness while Hunt held a woman hostage in his apartment, leading to a violent confrontation with police that left Hunt dead. We hold that any duty of reasonable...

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