Cannavino v. Rock Ohio Caesars Cleveland, L.L.C.
83 N.E.3d 354
Ohio Ct. App.2017Background
- Plaintiff Andrew Cannavino was a casino patron who had allegedly been overpaid $2,700 earlier in the year; casino staff repeatedly sought repayment and threatened a ban.
- On October 26, 2013, casino security (Mark Leisure) and off-duty Cleveland police officer Gregory Williams (working for Atlantis Security in uniform) confronted Cannavino on the gaming floor after he behaved belligerently.
- Williams escorted Cannavino to the casino security detention room, allowed casino staff to interact and count his money while Cannavino was handcuffed, then cited him for disorderly conduct; Cannavino later pled no contest but was found not guilty in municipal court after stipulated facts.
- Cannavino sued Williams, Atlantis Security, and others for state torts (assault, battery, false imprisonment, malicious prosecution, IIED, civil conspiracy) and for violations of 42 U.S.C. § 1983 (Fourth, Fifth, Fourteenth Amendment claims).
- Williams and Atlantis moved for summary judgment based on Ohio statutory immunity (R.C. Chapter 2744), qualified immunity under § 1983, and the argument that Atlantis, as a private entity, cannot be liable under § 1983; the trial court denied summary judgment without opinion.
- The court of appeals affirmed denial of statutory-immunity summary judgment as to Williams on state-law claims (genuine issues of fact exist whether he acted outside scope or in bad faith), but reversed denial of summary judgment on § 1983 claims as to both Williams and Atlantis (plaintiff failed to oppose/meet burden to defeat qualified immunity and to show state-action liability for Atlantis).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Williams is entitled to R.C. 2744 immunity for state-law claims | Cannavino: facts raise genuine issues that Williams acted outside scope or with malicious/bad-faith motive (arrest was ruse to collect overpayment) | Williams: acting in official capacity (even off-duty/special duty) and did not act maliciously or outside scope | Denied for summary judgment: genuine fact issues preclude immunity on state-law claims (affirmed) |
| Whether Williams is entitled to qualified immunity on § 1983 claims | Cannavino: asserts federal constitutional deprivations (unreasonable seizure, false arrest, excessive force, due process) | Williams: entitled to qualified immunity because plaintiff did not show clearly established violation or oppose summary judgment on those federal claims | Reversed: plaintiff failed to meet burden to show constitutional violation/clearly established right; summary judgment should be granted for Williams on § 1983 claims |
| Whether Atlantis Security can be liable under § 1983 | Cannavino: alleged failure-to-train/other § 1983 theories based on Williams’s conduct | Atlantis: private entity not automatically state actor and plaintiff failed to show state action or to rebut qualified immunity for Williams | Reversed: Atlantis not liable under § 1983 absent state action and because plaintiff failed to overcome qualified immunity for Williams |
| Whether summary judgment standard was applied correctly | Cannavino: trial court properly denied summary judgment because factual disputes exist | Defendants: summary judgment appropriate where plaintiff failed to carry burden on federal claims; factual disputes do not defeat immunity where plaintiff makes no legal showing | Mixed: appellate court agreed summary judgment improperly denied on federal claims but properly denied on state-immunity issue due to factual disputes |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (standard for de novo review of summary judgment)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (summary judgment standard)
- Dresher v. Burt, 75 Ohio St.3d 280 (party burden under Civ.R. 56)
- Fabrey v. McDonald Police Dept., 70 Ohio St.3d 351 (scope-of-employment and immunity principles)
- Harlow v. Fitzgerald, 457 U.S. 800 (qualified immunity standard)
- Parratt v. Taylor, 451 U.S. 527 (§ 1983 remedial framework)
- Monell v. Dept. of Social Serv., 436 U.S. 658 (municipal liability under § 1983)
- Lugar v. Edmondson Oil Co., 457 U.S. 922 (state-action requirements for § 1983 liability of private parties)