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|DAVID M. HOPPER, Special Administrator of the Estate
of Robert Andrew Richardson, Sr.,
PHIL PLUMMER, Montgomery County Sheriff; TED
JACKSON, Sergeant; BRIAN LEWIS, Sergeant; DUSTIN
JOHNSON, Corrections Officer; MATHEW HENNING,
Corrections Officer; MICHAEL BEACH, Corrections
Officer; KEITH MAYES, Corrections Officer; BRADLEY
MARSHALL, Corrections Officer; MICHAEL STUMPFF,
Corrections Officer; ANDREW WITTMAN, Corrections
| No. 17-3175|
Appeal from the United States District Court
for the Southern District of Ohio at Dayton.
No. 3:14-cv-00158—Michael J. Newman, Magistrate Judge.
Argued: December 5, 2017
Decided and Filed: April 12, 2018
Before: BATCHELDER, GRIFFIN, and WHITE, Circuit Judges.
Robert Richardson suffered a seizure two days after he was booked into the Montgomery
County Jail in Dayton, Ohio. Corrections officers and medical staff responded to the medical
call. Despite both a jail policy that prohibited placing restrained inmates in a prone position and
a medic’s appeal to handcuff Richardson in front, the officers handcuffed him behind his back
and restrained him face down on the floor outside his cell. Richardson died after a twenty-two
minute struggle during which record testimony indicates he continually stated he could not
Plaintiff David Hopper, in his capacity as Special Administrator of Richardson’s estate,
brought this 42 U.S.C. § 1983 action against the corrections officers and Montgomery County
Sheriff Phil Plummer. The district court denied defendants’ motion for summary judgment on
qualified- and statutory-immunity grounds. They appeal that order, and raise the precedential
issue of whether Richardson, a civil contemnor detainee, falls within the protections of the
Eighth or the Fourteenth Amendment. Because Richardson was sanctioned outside the criminal
context, we hold that the Fourteenth Amendment governs his § 1983 claims. The remaining
issues either lack merit or fall outside the limited scope of our jurisdiction on interlocutory
appeal. We therefore affirm in part and dismiss in part.