Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Arrington-Bey v. City of Bedford Heights

United States Court of Appeals, Sixth Circuit

February 24, 2017

Anita Arrington-Bey, Administratrix of the Estate of Omar K. Arrington-Bey, Plaintiff-Appellee,
v.
City of Bedford Heights, Ohio; Tim Honsaker; Maurice Ellis; Phillip Chow; David Leonardi; Jeffrey Mudra; Cheryl Sindone; Cynthia Lee; Carolyn Hill, Defendants-Appellants.

          Argued: February 1, 2017

         Appeal from the United States District Court for the Northern District of Ohio at Cleveland. No. 1:14-cv-02514-Patricia A. Gaughan, District Judge.

         ARGUED:

          James A. Climer, MAZANEC, RASKIN & RYDER, CO., L.P.A., Cleveland, Ohio, for Appellants.

          Terry H. Gilbert, FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellee.

         ON BRIEF:

          James A. Climer, Frank H. Scialdone, John D. Pinzone, MAZANEC, RASKIN & RYDER, CO., L.P.A., Cleveland, Ohio, for Appellants.

          Terry H. Gilbert, Jacqueline C. Greene, FRIEDMAN & GILBERT, Cleveland, Ohio, for Appellee. Ashlie Case Sletvold, THE CHANDRA LAW FIRM LLC, Cleveland, Ohio, for Amici Curiae.

          Before: BATCHELDER, SUTTON, and KETHLEDGE, Circuit Judges.

          OPINION

          SUTTON, Circuit Judge.

         When Omar Arrington-Bey died in a Bedford Heights jail cell, that was not an obvious consequence of his arrest for disturbing the peace at a Lowe's store. The question is whether bad luck, negligence by the relevant local law enforcement officials, or deliberate indifference by them caused his death. In suing the officers involved in his arrest and detention and the City, Omar's mother, Anita Arrington-Bey, took the position that the officers' deliberate indifference and lack of adequate training caused her son's death, making them liable under the Fourteenth Amendment and Ohio law. The district court largely agreed. It denied federal and state immunity to all but one defendant, dismissed the state law and punitive damages claims against the City, and denied summary judgment to the City on the federal constitutional claim. We must reverse, however, because there was no violation of a clearly established constitutional right, and the officers did not act with the recklessness that would permit them to be liable under Ohio law.

         Here is what happened. On June 21, 2013, Anita drove Omar to the Lowe's in Bedford Heights, where he'd recently been fired after failing to show up to work for over a week, to pick up his last paycheck. When the assistant manager, Russell Nelson, came over to see him, Omar "started talking a lot of gibberish, " including about selling $5, 000 gloves to Lowe's or Kohl's. R. 39-7 at 5. Nelson knew that "something was a little off" and started guiding Omar out of the store. Id.. Omar went back inside, demanded his paycheck, and began kicking and throwing paint cans. In response to a 911 call from the store, Bedford Heights dispatched police officers Tim Honsaker and Maurice Ellis.

         The officers spotted Omar's car pulling out of the Lowe's parking lot and stopped it nearby. Omar was in the passenger seat, had changed his shirt, and was evasive when they asked him whether he was the one causing trouble at Lowe's. But he was compliant and calm when they asked him to step out of the car. During the pat-down, the officers discovered pills in a container, which they placed back in Omar's pocket after handcuffing and detaining him. Honsaker recalled Omar saying that the pills were for a psychiatric condition and that he had not taken his medication for days or weeks. Anita told Ellis that Omar was bipolar, that the pills were Seroquel, and that he had not taken his medication for some time.

         Everyone returned to the Lowe's parking lot while the police continued their investigation. According to Honsaker, Omar "was rambling and ranting and raving about every possible topic he could think of" and became angry if Honsaker interjected. R. 41-4 at 43. Omar claimed, among other things, that he made lots of money through internet businesses, that he had a million-dollar cell phone, and that his father was the son of Satan. That behavior led Honsaker to ask Anita if Omar was on any psychiatric medication, and she told him just what she'd told Ellis: that Omar was bipolar and hadn't been taking his medicine. Phillip Chow, the supervising ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.