A federal judge on Friday refused to throw out a civil rights lawsuit filed in the case of an unarmed, mentally ill Mason man who died after a confrontation with police.
Case: 1:11-cv-00861-SAS-SKB Doc #: 61 Filed: 03/22/13 Page: 1 of 24 PAGEID #: 2521 UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO WESTERN DIVISION LEE PARRISH, et al., Plaintiffs, v. CITY OF MASON, et al., Defendants. : : : : : : : : : NO: 1:11-CV-00861 OPINION AND ORDER This matter is before the Court on Defendants’ Motion for Summary Judgment (doc. 32), Plaintiffs’ Response in Opposition (doc. 47), Plaintiffs’ Supplemental Filing (doc. 50), and Defendants’ Reply (doc. 55). Also before the Court is Defendants’ Daubert Motion to Exclude Opinion Testimony of Cyril H. Wecht, M.D. (doc. 54), Plaintiffs’ Response in Opposition (doc. 57), and Defendants’ Reply (doc. 58). The Court held a hearing on these For the reasons indicated herein, matters on February 26, 2013. the Court GRANTS IN PART AND DENIES IN PART Defendants’ dispositive motion consistent with this Opinion, and DENIES Defendants’ Daubert motion. I. Background The Estate of Douglas Boucher brings this case for wrongful death, violation of civil rights, and infliction of emotional distress against Defendant police officers Sean McCormick (“McCormick”), Dan Fry (“Fry”), and the City of Mason, Ohio, alleging the officers improperly stopped Douglas Boucher