BRANDI BOOTH, Administratrix of the Estate of Dustin Booth v. JONATHAN LAZZARA, DO, ROBERT BUCHANAN; MIKE ROSENBALM; BRIAN CURLIS; FRED DOUGHMAN; DREW ASPACHER; CITY OF MONROE, OHIO - Articles

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BRANDI BOOTH, Administratrix of the Estate of Dustin Booth v. JONATHAN LAZZARA, DO, ROBERT BUCHANAN; MIKE ROSENBALM; BRIAN CURLIS; FRED DOUGHMAN; DREW ASPACHER; CITY OF MONROE, OHIO

Posted by: Stacey Shrader Joslin on Jan 14, 2026

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ARGUED: Konrad Kircher, KIRCHER LAW LLC, Cincinnati, Ohio, for Appellant.

Attorneys 2: ARGUED: Dawn M. Frick, SURDYK, DOWD & TURNER, Dayton, Ohio, for Appellees Buchanan, Rosenbalm, Curlis, Aspacher, and City of Monroe.

Attorneys 3: ARGUED: Katherine L. Barbiere, SCHROEDER, MAUNDRELL, BARBIERE & POWERS, Mason, Ohio, for Appellee Doughman.

Attorneys 4: ON BRIEF: Konrad Kircher, KIRCHER LAW LLC, Cincinnati, Ohio, for Appellant.

Attorneys 5: ON BRIEF: Dawn M. Frick, Jeffrey C. Turner, Christopher T. Herman, SURDYK, DOWD & TURNER, Dayton, Ohio, for Appellees Buchanan, Rosenbalm, Curlis, Aspacher, and City of Monroe.

Attorneys 6: ON BRIEF: Katherine L. Barbiere, SCHROEDER, MAUNDRELL, BARBIERE & POWERS, Mason, Ohio, for Appellee Doughman.

Judge(s): McKEAGUE, MURPHY, and DAVIS, Circuit Judges

Court Appealed: United States District Court for the Southern District of Ohio at Dayton

MURPHY, Circuit Judge. This case’s tragic facts raise questions under the Americans with Disabilities Act (ADA) and the Fourth Amendment to the U.S. Constitution. After Dustin Booth began to suffer from mental illness, his wife called the police for help. But Booth ended up barricading himself in his house. And when the police later stopped a truck in which Booth was traveling, he brandished a firearm. That action led to his fatal shooting. Booth’s wife now argues that the police violated the ADA because they did not accommodate his disability when trying to detain him. And she argues that they violated the Fourth Amendment because they unreasonably stopped the truck and unreasonably used a police dog and takedown maneuver. But the district court found that Mrs. Booth’s proposed ADA accommodation was not reasonable because of the safety risks that Booth posed. And it held that the police actions were reasonable for the same reason. The court thus rejected these claims at the summary-judgment stage. We agree and affirm.

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