Lucas Burgess, et al v. Gene Fischer, et al

Filing

OPINION and JUDGMENT filed: The judgment of the district court granting Defendants summary judgment on Plaintiffs' [section] 1983 excessive force claim under the Fourth Amendment as well as the state law claims of negligence, assault, battery, loss of consortium, intentional infliction of emotional distress, and spoliation claims are REVERSED, the judgment as it pertains to Plaintiffs' civil conspiracy claim is VACATED, and the case is REMANDED. All other claims on appeal are AFFIRMED. Decision for publication. Karen Nelson Moore, Eric L. Clay (AUTHORING), and Helene N. White, Circuit Judges.

Case: 12-4191

Document: 006111871220

Filed: 11/01/2013

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 12-4191

FILED

LUCAS BURGESS; ANGELA BURGESS,
Plaintiffs - Appellants,

Nov 01, 2013
DEBORAH S. HUNT, Clerk

v.
Sheriff GENE FISCHER, in his individual and official capacity;
THE BOARD OF COUNTY COMMISSIONERS OF GREENE
COUNTY, OHIO; Maj. ERIC PRINDLE, Deputy JOSHUA E. BARRRETT,
Deputy GLEN E. MCKINNEY, and Deputy MATTHEW C. SORTMAN,
in their individual and official capacities; D. JORDAN, LPN,
Defendants - Appellees.
Before: MOORE, CLAY, and WHITE, Circuit Judges.
JUDGMENT
On Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that the judgment of the district court granting
Defendants summary judgment on Plaintiffs’ § 1983 excessive force claim under the Fourth Amendment as
well as the state law claims of negligence, assault, battery, loss of consortium, intentional infliction of
emotional distress, and spoliation claims are REVERSED, the judgment as it pertains to Plaintiffs’ civil
conspiracy claim is VACATED, and the case is REMANDED to the district court for further proceedings
consistent with the opinion of this Court. IT IS FURTHER ORDERED that all other claims on appeal are
AFFIRMED.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk