Call v. Melvin
3:23-cv-00033
S.D. OhioNov 19, 2024Background
- Plaintiff Nicholas Call sued Deputies Thomas and Melvin (Champaign County, Ohio) for alleged constitutional and state law violations related to Call’s arrest during a police response to a suicide threat concerning his son, J.C.
- Police responded to an emergency call indicating J.C. threatened self-harm and that there were guns in the home. Deputy Thomas arrived first and attempted to enter Call's home to check on J.C.
- Call prevented Thomas from entering and later blocked J.C. from exiting to speak with police; Deputy Thomas shoved Call and later arrested him for obstructing official business.
- Call was booked, jailed for several hours, and prosecuted for obstruction; the charges were later dropped by prosecutors.
- Call's complaint alleged excessive force, malicious prosecution, municipal liability, and state law claims for malicious prosecution and false arrest.
- Defendants moved for summary judgment on all claims; Call only argued for the survival of his federal malicious prosecution claim and an unpled federal false arrest claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Federal false arrest (unpled) | Claimed false arrest existed under federal law | Not pled and not argued; no notice given to defend claim | Disregarded by the court |
| Federal excessive force | No argument (abandoned) | Qualified immunity and no excessive force | Claim abandoned/fails; summary judgment for defendants |
| Municipal liability | No argument (abandoned) | No unconstitutional policy or custom shown | Claim abandoned/fails; summary judgment for defendants |
| State law malicious prosecution & false arrest | No argument (abandoned) | Entitled to statutory immunity | Claims abandoned/fail |
| Federal malicious prosecution | Deputy Thomas lacked probable cause, fabricated prosecution evidence | Had probable cause, did not decide to prosecute, truthful reports | Defendant entitled to qualified immunity; claim dismissed |
Key Cases Cited
- Celotex Corp. v. Catrett, 477 U.S. 317 (1986) (sets summary judgment standard and burden)
- Anderson v. Liberty Lobby, Inc., 477 U.S. 242 (1986) (summary judgment burden and what constitutes genuine dispute)
- Matsushita Elec. Indus. Co., Ltd. v. Zenith Radio Corp., 475 U.S. 574 (1986) (requiring more than metaphysical doubt to defeat summary judgment)
- Tolan v. Cotton, 572 U.S. 650 (2014) (viewing evidence in light most favorable to nonmovant at summary judgment)