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ROELL v. HAMILTON COUNTY, OH

No. 16-4045.

870 F.3d 471 (2017)

Nancy ROELL, as executrix of the estate of Gary L. Roell, Sr., Plaintiff-Appellant, v. HAMILTON COUNTY, OHIO/HAMILTON COUNTY BOARD OF COUNTY COMMISSIONERS; Jim Neil, in his official capacity as the Hamilton County Sheriff; Joseph Huddleston, Matthew Alexander, and Willy Dalid, individually and in their official capacities as employees of Hamilton County, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: September 5, 2017.

Attorney(s) appearing for the Case

ARGUED: Alphonse A. Gerhardstein , GERHARDSTEIN & BRANCH, CO LPA, Cincinnati, Ohio, for Appellant. Pamela Sears , HAMILTON COUNTY PROSECUTOR'S OFFICE, Cincinnati, Ohio, for Appellees. ON BRIEF: Alphonse A. Gerhardstein , GERHARDSTEIN & BRANCH, CO LPA, Cincinnati, Ohio, for Appellant. Pamela Sears , Jerome A. Kunkel , HAMILTON COUNTY PROSECUTOR'S OFFICE, Cincinnati, Ohio, George D. Jonson , Linda L. Woeber , MONTGOMERY, RENNIE & JONSON, Cincinnati, Ohio, for Appellees.

GILMAN, J., delivered the opinion of the court in which COOK, J., joined. MOORE, J. (pp. 490-94), delivered a separate dissenting opinion.

OPINION

Gary Roell, who suffered from chronic mental illness, caused a disturbance at his neighbor's condominium while experiencing a condition known as excited delirium. Hamilton County sheriff's deputies arrived to find Roell half-naked, muttering unintelligibly, and standing next to a broken window...

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