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Date: 04-11-2022

Case Style:

Kirby Ingram v. Louis Kubik, et al.

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,
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
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:


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