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Date: 04-11-2022
Case Style:
Case Number: 20-11310
Judge: william Pryor
Court: United States Court of Appeals for the Eleventh Circuit on appeal from the Northern District of Alabama (Jefferson County)
Plaintiff's Attorney: Henry Sherrod
Defendant's Attorney: Grace Graham, J. Bentley Owens, III
Description: Birmingham, Alabama civil rights lawyer represented Plaintiff, who sued Defendants on an Americans With Disabilities Act violation theory.
Kirby Ingram appeals the dismissal of his complaint for fail-
ure to state a claim, FED. R. C IV. P. 12(b)(6), against a sheriff’s dep-
uty and his supervisor for unlawful seizure and excessive force,
see
42 U.S.C. § 1983; U.S. C ONST. amends. IV, XIV, and against the
Sheriff for vicarious liability under Title II of the Americans with
Disabilities Act,
see 42 U.S.C. § 12132. Ingram, an Iraq War vet-
eran, suffers from post-traumatic stress disorder. Two Sheriff’s dep-
uties conducted a welfare check after a report that Ingram slit his
wrist with a knife. When the deputies arrived, Ingram was calm
and posed no threat to them. Although Ingram expressed his will-
ingness to be arrested, one of the deputies suddenly body slammed
him headfirst, causing him a serious neck injury. We affirm the dis-
missal of Ingram’s claim for unlawful seizure but reverse the dis-
missal of his claim of excessive force and supervisory liability. And
“[b]ecause vicarious liability is not available for claims under Title
II,”
Jones v. City of Detroit, 20 F.4th 1117, 1118 (6th Cir. 2021), we
affirm the dismissal of that claim.
Outcome: We AFFIRM in part, REVERSE in part, and REMAND for
further proceedings.
Plaintiff's Experts:
Defendant's Experts:
Comments: