Cannavino v. Rock Ohio Caesars Cleveland, L.L.C.

Citations

• 2017 Ohio 380

Syllabus

Summary judgment statutory immunity R.C. 2744.03(A)(6) exceptions to immunity genuine issue of material fact Section 1983 claim private entity. The trial court properly denied police officer's motion for summary judgment on the state law claims, recognizing that a genuine issue of material fact precluded the application of statutory immunity under R.C. 2744.03(A)(6). The timing, location, and circumstances surrounding (1) plaintiff's detention, (2) his handcuffing, and (3) the issuance of the citation raise a genuine issue of material of fact as to whether defendant-police officer was acting in bad faith or outside the scope of his employment. The trial court erroneously denied police officer and defendant-private entity's motion for summary judgment on the federal claims asserted under Section 1983 plaintiff failed to carry his burden in the proceedings below to demonstrate that a constitutional right was violated or that the right was clearly established. Plaintiff also failed to establish that the actions of defendant- private entity are attributable to the state to impose liability under Section 1983.