|RUBY HICKS, Administrator of the Estate of
Quandavier K. Hicks,
DORIS A. SCOTT, JUSTIN T. MOORE, and BENJAMIN M.
SCHNEIDER, individually and in their official capacities
as employees of the City of Cincinnati, Ohio; CITY
OF CINCINNATI, OHIO,
| No. 19-3410|
Appeal from the United States District Court
for the Southern District of Ohio at Cincinnati.
No. 1:16-cv-00621—Michael R. Barrett, District Judge.
Decided and Filed: May 1, 2020
Before: GIBBONS, KETHLEDGE, and BUSH, Circuit Judges.
JULIA SMITH GIBBONS, Circuit Judge. Quandavier Hicks (“Quandavier”) died from a
single bullet to the chest after Cincinnati police officers Doris Scott, Justin Moore, and Benjamin
Schneider entered his apartment through an unlocked door. Ruby Hicks (“Hicks”), administrator
of Quandavier’s estate, filed suit in the Southern District of Ohio, naming Scott, Moore,
Schneider, and the City of Cincinnati as defendants. She asserted federal claims pursuant to
42 U.S.C. § 1983 for unlawful entry, excessive force, and deliberate indifference to a serious
medical need, as well as state-law claims for wrongful death and battery. The district court
entered summary judgment for the defendants based on federal qualified immunity and immunity
under Ohio law. Hicks appeals those decisions. We find that the district court erred by granting
qualified immunity to Scott, Moore, and Schneider on the unlawful entry claim. Accordingly,
we reverse as to that claim, affirm as to the excessive force, deliberate indifference, and state-law
battery claims, and remand for the district court to evaluate the municipal liability and wrongful
death claims consistent with this opinion.