Ohio Federal Court Dismisses Federal Claims in EMS Response Lawsuit; State Claims Remanded
A federal district court has dismissed the federal constitutional claims arising out of a lawsuit involving the emergency medical response to a self-inflicted gunshot wound in Marion, Ohio, while remanding the remaining state-law claims back to state court.
The case, Goodrich v. City of Marion, was brought by the estate of Joshua Goodrich, who suffered a self-inflicted gunshot wound to the head at his residence shortly after midnight on October 22, 2022. A 911 call was placed reporting the shooting, and Marion Police Department officers were the first to arrive. According to both the complaint and the court’s decision, officers observed Goodrich slumped over with a gunshot wound and exhibiting signs of breathing and movement, which was captured on police body-worn camera footage .
Marion Fire and EMS EMTs Austin Ray and Nicholas Kalb were dispatched at approximately 12:08 a.m. and arrived shortly thereafter. After police cleared the scene for EMS entry, Ray entered the residence and conducted an assessment. The estate alleged that Goodrich was still breathing and had a detectable heartbeat and that no life-saving care was initiated at the scene. The complaint further alleged that EMS personnel ceased active examination and awaited the coroner while Goodrich remained alive.
According to the court’s opinion, Ray observed Goodrich with a gunshot wound to the head and agonal breathing and concluded, based on his training and experience, that the condition was incompatible with life. At approximately 12:19 a.m., Ray communicated his assessment to an emergency department physician by telephone, who agreed that resuscitative efforts were not indicated. Ray declared Goodrich deceased shortly thereafter and contacted the coroner. The court noted that no exact time of death declaration was documented and did not specify whether EMS personnel remained continuously on scene after that declaration.
At approximately 12:56 a.m., a Marion County coroner’s assistant arrived. Both the complaint and the court’s decision state that the coroner’s assistant observed that Goodrich was still breathing and concluded that he could not be transported as deceased. Following that determination, Ray and Kalb transported Goodrich to Marion General Hospital, located less than three miles from the residence.
Goodrich arrived at the hospital at approximately 1:09 a.m., where resuscitative efforts were attempted. He was pronounced dead at approximately 3:44 a.m. The Lucas County Coroner listed the cause of death as a gunshot wound to the head.
The estate filed suit asserting a Fourteenth Amendment substantive due process claim under 42 U.S.C. § 1983, along with state-law claims for wrongful death and negligence against the City of Marion, the responding EMTs, the fire chief, eight police officers, the police chief and the public safety director. The federal court granted summary judgment to the defendants on the constitutional claim, concluding that the facts did not establish a state-created danger or any other violation of clearly established constitutional rights.
The court held that individuals who are not in state custody have no constitutional right to adequate medical care and that allegedly inadequate or negligent medical treatment by first responders does not, by itself, give rise to a substantive due process claim. It further found that the estate failed to satisfy the “state-created danger” exception because the EMTs’ actions amounted, at most, to alleged failures or medical judgment errors rather than affirmative acts that created or increased a risk of harm, cut off private rescue, or exposed Goodrich to private violence. In addition, the court ruled that the defendants were entitled to qualified immunity because no clearly established law put the constitutional question beyond debate under similar circumstances.
The court declined to exercise supplemental jurisdiction over the remaining state-law claims and remanded those claims to the Marion County Court of Common Pleas for further proceedings. Attached is the decision and the original complaint.
