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WILSON v. GREGORY

No. 20-4161.

3 F.4th 844 (2021)

Sarah WILSON, as Administrator of the Estate of Jack Huelsman; Cheryl Huelsman, Plaintiffs-Appellants, v. Eric GREGORY and Meredith Walsh, individually and in their official capacities as employees of Clermont County, Ohio; Clermont County, Ohio/Clermont County, Ohio Board of Commissioners; Robert Leahy, in his official capacity as Sheriff of Clermont County, Ohio, Defendants-Appellees.

United States Court of Appeals, Sixth Circuit.

Decided and Filed: July 1, 2021.

Attorney(s) appearing for the Case

ARGUED: M. Caroline Hyatt , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants. Jeannette E. Nichols , CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, for Appellees. ON BRIEF: M. Caroline Hyatt , Alphonse A. Gerhardstein , GERHARDSTEIN & BRANCH CO. LPA, Cincinnati, Ohio, for Appellants. Jeannette E. Nichols , G. Ernie Ramos, Jr. , CLERMONT COUNTY PROSECUTOR, Batavia, Ohio, Kimberly A. Rutowski , LAZARUS & LEWIS, LLC, Cincinnati, Ohio, for Appellees.

STRANCH, J., delivered the opinion of the court in which KETHLEDGE, J., joined, and BUSH, J., joined in part. STRANCH, J. (pp. 863-64), also delivered a separate concurring opinion in which KETHLEDGE, J., joined in Part A. BUSH, J. (pp. 864-66), delivered a separate opinion concurring in part and dissenting in part.

OPINION

The claims in this case result from a mental health crisis suffered by Jack Huelsman, who lived with what family members describe as symptoms of paranoia and bipolar disorder. In the midst of the crisis, his wife, Cheryl Huelsman, a nurse, called their daughter and urged her to call 911. Clermont...

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