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HOPPER v. PHIL PLUMMER

No. 17-3175.

887 F.3d 744 (2018)

David M. HOPPER, Special Administrator of the Estate of Robert Andrew Richardson, Sr., Plaintiff-Appellee, v. PHIL PLUMMER, Montgomery County Sheriff; Ted Jackson, Sergeant; Brian Lewis, Sergeant; Dustin Johnson, Corrections Officer; Mathew Henning, Corrections Officer; Michael Beach, Corrections Officer; Keith Mayes, Corrections Officer; Bradley Marshall, Corrections Officer; Michael Stumpff, Corrections Officer; Andrew Wittman, Corrections Officer, Defendants-Appellants.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: April 12, 2018.

Attorney(s) appearing for the Case

ARGUED: Keith Hansbrough , MARSHALL DENNEHEY WARNER COLEMAN & GOGGIN, P.C., Cleveland, Ohio, for Appellants. Jeremy A. Tor , SPANGENBERG, SHIBLEY & LIBER, LLP, Cleveland, Ohio, for Appellee. ON BRIEF: Lynnette Dinkler , Jamey T. Pregon , DINKLER PREGON LLC, Dayton, Ohio, for Appellants. Nicholas A. DiCello , SPANGENBERG, SHIBLEY & LIBER, LLP, Cleveland, Ohio, for Appellee.

Before: BATCHELDER, GRIFFIN, and WHITE, Circuit Judges.

OPINION

Robert Richardson suffered a seizure two days after he was booked into the Montgomery County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and a medic's appeal to handcuff...

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