Nancy Roell v. Hamilton Cty. Bd. of Comm'rs

870 F.3d 471, 2017 FED App. 0206P, 2017 WL 3864618, 2017 U.S. App. LEXIS 17100
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 5, 2017
Docket16-4045
StatusPublished
Cited by102 cases

This text of 870 F.3d 471 (Nancy Roell v. Hamilton Cty. Bd. of Comm'rs) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nancy Roell v. Hamilton Cty. Bd. of Comm'rs, 870 F.3d 471, 2017 FED App. 0206P, 2017 WL 3864618, 2017 U.S. App. LEXIS 17100 (6th Cir. 2017).

Opinions

GILMAN, J., delivered the opinion of the court in which COOK, J., joined. ■ MOORE, J. (pp. 490-94), delivered a separate dissenting opinion.

OPINION

RONALD LEE GILMAN, Circuit Judge.

Gary Roell, who suffered from chronic mental illness, caused a disturbance at his neighbor’s condominium while experiencing a condition known as excited delirium. Hamilton County sheriffs deputies arrived to find Roell half-naked, muttering unintelligibly, and standing next to a broken window holding a hose and the remnants of a hanging plant. While attempting to subdue Roell,' the deputies physically struggled with him and unsuccessfully tased him multiple times. Roell stopped breathing during the encounter with the deputies and was pronounced dead shortly thereafter. His death was documented by the coroner as natural, resulting from his excited delirium.

Roell’s wife, Nancy Roell,, appeals the district court’s grant of summary judgment in favor of the individual deputies on her claim under 42 U.S.C. § 1983. She also appeals the grant of summary judgment in favor of Hamilton County on her claims under both § 1983 and the Americans with Disabilities Act (the ADA). For the following reasons, wp AFFIRM the judgment of the district court.

I. BACKGROUND

A, Factual background

Roell suffered from mental illness, including schizoaffective disorder and paranoid delusions, for many years. Although Roell’s symptoms could be successfully controlled by medication, he had a history of noncompliance with his drug regimen. When he did not take his medication, Roell’s mental health deteriorated and his unpredictable behavior rendered him a danger to both himself and to others.

Roell stopped taking his medication in June 2013 and began exhibiting signs of mental decompensation by early August. Sometime, in the late evening hours of August 12 or the early morning hours of August 13, Roell entered a state-of excited delirium. Nancy Roell was out of town during this time, participating in a church mission in New Jersey. In the midst of his excited delirium, Roell damaged his and Nancy’s condominium by scattering debris, clothes; and other household items inside and around the building. Roell then went to the condominium of his neighbor, Ra-chana Agarwal, and threw -a flower pot through her window.

Agarwal was awakened by the noise of shattering glass and went downstairs to find Roell 'standing outside of her condominium by the broken window. She attempted to talk to Roell, who was screaming something about “water.” Roell then pulled the screen from Agarwal’s window and threw it at her. At that point, Agarwal became scared and ran back inside the condominium, where she told her son, So-ham, to call 911. Soham dialed 911 and handed the phone to Agarwal, who told the operator that her neighbor was “acting crazy.” Agarwal testified that, during this time, Roell appeared to be angry, his face red and his eyes bulging, .and he kept muttering unintelligible things about water. Roell was also pacing back and forth in front of Agarwal’s broken window, periodically peering into her condominium.

[477]*477Deputies Matthew Alexander, Willy Dal-id, and Joseph Huddleston responded'to the dispatch of a “neighbor trouble” call. First to arrive at Agarwal’s condominium were Deputies Alexander and Huddleston, who were told by Agarwal that Roell was “in the back breaking things.” They entered the gated patio area and saw Roell standing by Agarwal’s .broken window holding a garden hose with a metal nozzle in one hand and a garden basket in the other. The garden basket was a hanging plant surrounded by peat moss , and held together with plastic wire. Roell was wearing a t-shirt but was otherwise naked. According to Deputy Alexander, Roell was screaming “no” and something about water when he and Deputy Huddleston arrived.

Deputy Huddleston proceeded to ask Roell what he was doing. Although Deputy Huddleston could not recall Roell’s response, he testified that Roell immediately turned and approached him and Deputy Alexander in an aggressive manner. Roell still had the hose and the garden basket in his hands. Deputy Alexander similarly recalled that he and Deputy.Huddleston told’ Roell to “show us your hands” and that Roell, “immediately, within seconds,” charged at them at.a “pretty brisk walk.” Deputy Alexander also said that Roell approached them still holding the hose and the garden basket.

Soham Agarwal was watching the events unfold from inside the condominium and heard Roell screaming about how “he didn’t have water and we had water.” In addition, Soham observed the deputies telling Roell to calm down, to stop resisting, to come over to them, and to drop whatever he 'had in his hands. Soham recalled that Roell repeatedly shouted that he did not have a weapon. But Soham also testified that, despite Roell’s assertions that he was unarmed, Roell was facing the deputies swinging the hose “as if he was trying to hit somebody.” Rachana Agarwal, also watching from the inside of her condominium, confirmed that the deputies told Roell to calm down and that Roell was swinging the hose nozzle at the deputies. Agarwal observed the deputies and Roell approach each other, with Roell proceeding at a pace between a walk and a sprint, still holding the hose.

As Roell approached the deputies, Deputy Huddleston told Roell to stop and to get on the ground or he would be tased. Deputy Huddleston then unholstered his X2 Taser and. arced it as a warning. Arcing a taser does not deploy the device; it simply creates a sound. Roell flinched when Deputy Huddleston arced his taser but kept approaching. Deputy Huddleston once more arced his taser and commanded Roell to get on the ground-. Roell again flinched but continued to approach the deputies. Deputy Huddleston then holstered his taser and reached out to grab one of Roell’s arms. At the same time, Deputy Alexander grabbed Roell’s other arm.

Roell swung the garden-basket at Deputy Huddleston, as they met. Deputy Hud-dleston, Deputy Alexander, and Roell all fell to the ground outside of the gated patio area during their struggle. Roell was wét and slippery, either from sweat or water, and managed to break free from the deputies’ grasp. As Roell tried to enter back through the patio gate, Deputy Hud-dleston- tased him. Deputy Huddleston testified that taser appeared to have some effect because Roell buckled over a little bit. Roell nonetheless continued into the patio and closed the gate. The deputies followed him through the gate while Deputy Huddleston’s taser was- still on its five-second deployment cycle. By that time, Deputy Dalid had arrived at the scene. All three deputies tried to restrain Roell’s arms, but- were unsuccessful because he [478]*478was combative and thrashing around on the ground. Deputy Alexander testified that he was punched in the face by Roell at some point during the struggle.

While Deputies Alexander and Dalid attempted to hold Roell’s arms, Deputy Hud-dleston 'tried to deploy his taser' in drive-stun mode to the back of Roell’s leg. This court has previously explained the use of a taser in drive-stun mode as follows:

In drive-stun mode, ‘the operator removes the dart cartridge and pushes two electrode contacts located on the front of the taser directly against the victim.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Allen v. Whitmer
E.D. Michigan, 2025
Henry v. Blank
W.D. Michigan, 2025
Glorianna Moore v. Oakland County, Mich.
126 F.4th 1163 (Sixth Circuit, 2025)
Franke v. Janes
W.D. Kentucky, 2025
Brown v. Ahmed
E.D. Michigan, 2024
Booth v. Lazzara
S.D. Ohio, 2024
Bressler v. Lusk
E.D. Kentucky, 2024
Lawson v. Creely
E.D. Kentucky, 2024
Timothy Finley v. Erica Huss
102 F.4th 789 (Sixth Circuit, 2024)
Davis v. City of Covington
E.D. Kentucky, 2024
Casey v. Stephen
E.D. Missouri, 2024
Novak v. Federspiel
E.D. Michigan, 2024
Putman v. Tuscola, County of
E.D. Michigan, 2024

Cite This Page — Counsel Stack

Bluebook (online)
870 F.3d 471, 2017 FED App. 0206P, 2017 WL 3864618, 2017 U.S. App. LEXIS 17100, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nancy-roell-v-hamilton-cty-bd-of-commrs-ca6-2017.