Kirby Ingram v. Louis Kubik, et al.

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.

We AFFIRM in part, REVERSE in part, and REMAND for

further proceedings.