BARD v. BROWN COUNTY, OHIO

No. 19-3468.

970 F.3d 738 (2020)

Ashley BARD, individually and as the Administrator of the Estate on behalf of Zachary Ryan Goldson, Plaintiff-Appellant, v. BROWN COUNTY, OHIO et al., Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: August 18, 2020.


Attorney(s) appearing for the Case

ARGUED: John Joseph Helbling , THE HELBLING LAW FIRM, L.L.C., Cincinnati, Ohio, for Appellant. Angelica M. Jarmusz , FISHEL DOWNEY ALBRECHT & RIEPENHOFF LLP, New Albany, Ohio, for Appellees. ON BRIEF: John Joseph Helbling , THE HELBLING LAW FIRM, L.L.C., Cincinnati, Ohio, for Appellant. Angelica M. Jarmusz , Daniel T. Downey , FISHEL DOWNEY ALBRECHT & RIEPENHOFF LLP, New Albany, Ohio, for Appellees.

MOORE, J., delivered the opinion of the court with regard to the excessive-force claim against Defendants Dunning and Schadle, in which SILER, J., joined. MOORE, J., delivered the lead opinion as to all other issues. SILER, J. (pp. 765-67), delivered the opinion of the court with respect to Defendants Huff and Wedmore, in which NALBANDIAN, J., joined. NALBANDIAN, J., (pp. 767-74), delivered the opinion of the court with regard to the scope of the appeal (Part I), in which SILER, J. joined; Parts II, III, and IV of Judge Nalbandian's opinion represent his dissent from Judge Moore's majority opinion.


OPINION

On October 5, 2013, Zachary Goldson died in a Brown County, Ohio jail cell. Less than an hour after a correctional officer was captured on video yelling in Goldson's ear, "I'd like to break your fucking neck right now," multiple correctional officers apparently discovered Goldson hanging by his...

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