Mark Eurton, Jr. v. Parker Thomas
── Mark Eurton, Jr. v. Parker Thomas ──
Court: Court of Appeals for the Sixth Circuit
Date: April 23, 2026
Category: General
NOT RECOMMENDED FOR PUBLICATION
File Name: 26a0184n.06
Case No. 25-5733
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
FILED
) Apr 23, 2026
MARK W. EURTON, JR. and LAUREN E.
) KELLY L. STEPHENS, Clerk
WHISMAN,
)
Plaintiffs - Appellants, )
) ON APPEAL FROM THE UNITED
v. ) STATES DISTRICT COURT FOR THE
) WESTERN DISTRICT OF KENTUCKY
PARKER THOMAS, et al., )
Defendants - Appellees. ) OPINION
)
Before: McKEAGUE, LARSEN, and RITZ, Circuit Judges.
RITZ, Circuit Judge. Police officers conducted a welfare check on Mark Eurton after
Eurton called family members, threatening self-harm. Equipped with a dispatch warning that
Eurton was intoxicated, possibly armed, and likely to become violent, the officers encountered
Eurton at the entrance to his home, along with his visibly upset wife. The officers drew their
weapons and forcibly entered the home after Eurton refused to engage with them.
Eurton and his wife sued the officers and Oldham County, Kentucky. The district court
dismissed their claims against Oldham County and later granted summary judgment to the officers
based on qualified immunity. We affirm.
BACKGROUND
I. Facts
On February 11, 2022, Mark Eurton contacted his mother and estranged sister to tell them
that he loved them and that “he [was] going to sleep because he ha[d] taken so many things.”
No. 25-5733, Eurton v. Thomas
RE 38-1, Dispatch Report, PageID 415-16. Understanding this as a suicide attempt, Eurton’s
family called 911 and asked police to conduct a welfare check. Eurton’s family also told the
dispatcher that Eurton had just gotten into a fight with his wife Lauren Whisman, who had
separated from him a month before; neglected his medication for bipolar disorder; and likely had
a gun at home.
Dispatch sent police officers Parker Thomas and Kimberly Gunsett to Eurton’s home, and
officer Tyler Covington also responded to the call. As the officers were on the way, dispatch
relayed the information from the 911 call, adding that Eurton likely had been drinking and
“possibly took two bottles of unknown prescription pills.” RE 35-6, Covington Report, PageID
346. Additionally, dispatch warned that there was an “alert on the residence” because “Eurton
[did] not like police” and was likely to become violent. RE 35-4, Covington Dep., PageID 337.
When Thomas arrived at Eurton’s residence, he found Eurton standing in the doorframe
smoking a cigarette. Thomas explained why he was checking on Eurton, and Eurton replied he
had called his family because it was Valentine’s Day weekend and he wanted to tell them that he
loved them. When Thomas asked if Eurton had any thoughts of hurting himself, Eurton responded,
“Hell no.” RE 38-3, Thomas Bodycam, 1:20-28. Whisman then came out of the home, speaking
to someone on her cell phone and holding up her finger in a “wait” gesture. Whisman asked
Eurton, “Your sister’s on the phone right now, who did you call?” Id. 1:43-55. When Thomas
asked Whisman if she was okay, she started crying and said “no” before turning quickly back to
Eurton and asking, “What did you do?” Id. 1:55-2:07.
Thomas and Covington, who had arrived during this interaction, walked toward the house.
At once, Eurton
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