Pankey v. Ohio State Hwy. Patrol

Citations

• 2020 Ohio 2871

Syllabus

Assault battery reasonable force summary judgment Civ.R. 56. Plaintiff was pulled over by one of defendant's officers for traffic violations. During the stop, the officer suspected that plaintiff was reaching for a weapon. At that time, the officer asked plaintiff to exit the vehicle and show him his hands. When plaintiff refused, the officer used force, made plaintiff exit the vehicle, and restrained him. Plaintiff suffered some physical injuries. Defendant moved for summary judgment, claiming that the officer used reasonable and necessary force and was thus privileged to commit the battery. Plaintiff did not contest defendant's motion. The court granted summary judgment to defendant. The court found that the uncontested facts of the case show that defendant's officer was using reasonable force due to the possible threat of a weapon.