Brian Zimmermann v. Scott Labish -Eastern District of Michigan at Detroit

Circuit 6Aug 27, 2026

Split Score

SplitScore: 68/100

Case Summary

Disposition

Reversed

The Sixth Circuit reversed the district court’s refusal to dismiss claims arising from a student’s suicide after a school suspension. The panel held that, although the circuit recognizes the state-created-danger doctrine, it does not apply to a non-custodial suicide, so the officials and municipal entities are entitled to qualified and governmental immunity and the case is dismissed.

View Full Opinion Document (PDF)

Circuit Split Identified

Legal Issue

Whether the Fourteenth Amendment's state-created-danger doctrine extends to make school officials liable for a non-custodial student’s suicide.

Circuit Positions

Circuit 10

State-created-danger doctrine can impose §1983 liability on school officials for a non-custodial student’s suicide (Armijo v. Wagon Mound Public Schools).

Circuit 1Circuit 3Circuit 6(this circuit)Circuit 7Circuit 11

State-created-danger doctrine does not extend to non-custodial suicide; no §1983 liability for school officials in such circumstances.

Conflict Summary

The Tenth Circuit has held that school officials may incur §1983 liability under the state-created-danger doctrine when a suspended student later commits suicide off-campus, whereas the First, Third, Sixth, Seventh, and Eleventh Circuits have rejected liability for non-custodial suicides, concluding that suicide is a self-inflicted harm that breaks the causal chain and falls outside the doctrine.

Parties & Counsel

Parties

Appellant:Scott Labish; Macomb County, Michigan; Melissa Arendts; Romeo Community School District
Appellee:Brian Zimmermann, parent of JPZ

Legal Counsel

Appellant:James M. Surowiec, Macomb County Corporation Counsel; Lindsay P. Hazen, Giarmarco, Mullins & Horton, P.C.
Appellee:Nicholas A. Coulson, COULSON P.C.