Joseph Frasure v. City of Wyoming, Ohio

── Joseph Frasure v. City of Wyoming, Ohio ── Court: Court of Appeals for the Sixth Circuit Date: May 05, 2026 Category: General NOT RECOMMENDED FOR PUBLICATION File Name: 26a0204n.06 No. 25-3750 FILED UNITED STATES COURT OF APPEALS May 05, 2026 FOR THE SIXTH CIRCUIT KELLY L. STEPHENS, Clerk JOSEPH FRASURE and LISA FISHER, ) individually and as Co-Administrators of the Joe ) ) Frasure Estate, deceased, ON APPEAL FROM THE ) Plaintiffs-Appellants, ) UNITED STATES DISTRICT ) COURT FOR THE SOUTHERN v. ) DISTRICT OF OHIO ) CITY OF WYOMING, OHIO; DREW JONES; ) OPINION JORDAN BATTS; RYAN WARMACK, ) Defendants-Appellees. ) Before: KETHLEDGE, WHITE, and LARSEN, Circuit Judges. HELENE N. WHITE, Circuit Judge. Plaintiffs Joseph Frasure (“Frasure”) and Lisa Fisher (“Fisher”), individually and as co-administrators of their son Joe Frasure Jr.’s (“Joe”) estate, brought this action against police officers Drew Jones (“Jones”), Jordan Batts (“Batts”), and Ryon Warmack (“Warmack,” together “Officers”) and the City of Wyoming, Ohio (“City,” referred to as “Defendants” together with “Officers”) for claims arising out of the fatal officer-involved shooting of their son Joe. Frasure1 appeals orders excluding his expert witness, granting summary judgment in favor of Defendants, and denying his motion for partial summary judgment. We AFFIRM. I. Facts Joe’s grandmother died on January 6, 2023. During the afternoon of January 29, 1 We follow the parties’ approach and refer to Plaintiffs Frasure and Fisher as “Frasure” collectively when referring to them in their capacity as Plaintiffs. No. 25-3750, Frasure, et al. v. City of Wyoming, Ohio, et al. 2023, Frasure, Joe, and other family members went to clean out her apartment, a top-floor unit of a two-story, four-unit apartment building at 320 Durrell Avenue in Wyoming, Ohio.2 Several Wyoming police officers were in the building’s vicinity while the family was cleaning out the apartment. At around 11:45 p.m. that day, and under the impression that the unit needed to be emptied to receive the security deposit, Frasure and Joe returned to the building to meet Joe’s sister and continue the clean out. Shortly after midnight on January 30, 2023, Jerome Guest, a neighbor, called what he believed to be a non-emergency City line.3 Guest reported that, although he understood that 320 Durrell “was supposed to be vacant,” he could see people “walking around it and doing maybe suspicious things at a late hour” including people “walking around in the window” and “flashlights in the basement.” R. 9-1, Ex. C, 0:27–1:03. Guest did not affirmatively mention a potential burglary but, when asked by dispatch “how many people are trying to break into the house,” Guest reported seeing two or three people. Id. at 1:26–1:45. Because he could only see silhouettes, he was unable to provide descriptions. The call was dispatched to the Wyoming Police “to investigate a group of two three subjects attempting to break into the vacant residence” at 320 Durrell but with the note that the caller was unable to provide a description and could only see silhouettes. R. 9-1, Ex. D, 0:03–0:38. The Officers responded to the dis