United States Court of Appeals For the Seventh Circuit ____________________ No. 23-1816 AMANDA RAKES, Administrator of the Estate of Amylyn Slaymaker and Next Friend to the minor children G.C. and M.C., Plaintiff-Appellant,

v. JONATHAN P. ROEDERER and ESTATE OF TE’JUAN JOHNSON, Defendants-Appellees. ____________________

Appeal from the United States District Court for the Southern District of Indiana, New Albany Division. No. 4:21-cv-00114 — Jane Magnus-Stinson, Judge. ____________________

ARGUED JANUARY 18, 2024 — DECIDED SEPTEMBER 25, 2024 ____________________

Before RIPPLE, BRENNAN, and SCUDDER, Circuit Judges. PER CURIAM. On the night of July 18, 2019 in Charlestown, Indiana, bystanders called 911 to report that a man, RJ Slaymaker (RJ), and a woman, Amylyn Slaymaker (Amylyn), were fighting in the middle of a residential street. Two police officers responded to the call and separated RJ and Amylyn. Amylyn told the officers that RJ (her husband) was drunk, 2 No. 23-1816 had hit her, had guns on him and at their house, and was threatening to kill her and himself. RJ denied hitting her or making any threats. The officers called an ambulance for RJ so he could get help with mental health issues at a nearby hospital. After RJ left in the ambulance, the officers allegedly told Amylyn that RJ would be kept at the hospital under a 24- hour mental health hold. But if they did say that to Amylyn, it was not true: neither the officers nor anyone else placed RJ under a hold. Instead, the officers merely encouraged him to seek help voluntarily. RJ left the hospital shortly after arriving and returned to the house that he shared with Amylyn. There, he shot and killed Amylyn, then himself. The administrator of Amylyn’s estate subsequently brought this action against Officer Roederer and the estate of Officer Johnson (who died shortly before this litigation). She primarily relies on the state-created danger doctrine, under which state officials can in limited circumstances be held liable under section 1983 for recklessly placing plaintiffs at risk of harm from third parties. The district court concluded that the defendants were entitled to qualified immunity and granted summary judgment on that basis. We now affirm the judgment of the district court insofar as it relates to Officer Roederer. He may recover his costs related to this appeal. We reverse the judgment of the district court and remand for further proceedings insofar as it relates to Officer Johnson. His estate may recover its costs on this appeal. Each judge of the panel has filed a separate opinion setting forth his view on the appropriate disposition of this appeal. No. 23-1816 3 Judge Ripple would reverse the judgment of the district court with respect to both defendants and remand for further proceedings. Judge Scudder would reverse the judgment and remand for further proceedings with respect to the estate of Officer Johnson. He would affirm the judgment with respect to respect to Officer Roederer. Judge Brennan would affirm the judgment of the district court with respect to both defendants. The opinion of each judge is set forth below. RIPPLE, Circuit Judge. At the time of their deaths, RJ and Amylyn Slaymaker had been married for about seven years. The allegations of abuse during that period are startling. He shot at her on multiple occasions, and he once set fire to their couches in an attempt to burn down their house. He also often “dared” her to engage in sexual acts with other men and threatened to hurt her if she did not complete the “dares.” Examples of these threats included “I’ll break your fucking ja