Background

• Coen arrested November 2010 for two counts of child endangering; charges dismissed March 9, 2011; March 11, 2011 two domestic violence complaints filed; May 11, 2011 trial resulted in acquittals; March 12, 2012 Coen filed civil suit against Dennison Village, Dennison Police, Chief Hunt, Officer McConnell for abuse of process, malicious prosecution, negligence, and negligent infliction of emotional distress; June 12, 2013 defendants moved for summary judgment; July 22, 2013 hearing; July 23, 2013 judgment granted summary judgment for defendants and dismissed with prejudice; Coen appealed alleging error in granting summary judgment; court affirmed.

Issues

Key Cases Cited

• Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (review of summary judgment de novo; evidentiary standard)
• Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (Ohio 1996) (summary judgment standard on Civ.R. 56)
• Celotex Corp. v. Catrett, 477 U.S. 317 (U.S. 1986) (initial burden to show absence of a genuine issue of material fact)
• Dresher v. Burt, 75 Ohio St.3d 280 (Ohio 1996) (burden-shifting on summary judgment)
• Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (summary judgment framework and reasonable minds)
• Pierce v. Woyma, 8th Dist. No. 94037, 2010–Ohio–5590 (Ohio 2010) (malicious prosecution; lack of probable cause)
• Melanowski v. Judy, 102 Ohio St.3d 153 (Ohio 2004) (probable cause standard in malicious prosecution)
• Deoma v. Shaker Heights, 68 Ohio App.3d 72 (Ohio App.3d 1990) (probable cause and lack of conviction not negating probable cause)
• Huber v. O’Neill, 66 Ohio St.2d 28 (Ohio 1981) (acquittal does not negate probable cause for malicious prosecution)
• Williams v. First United Church of Christ, 37 Ohio St.2d 150 (Ohio 1974) (standard for reviewing summary judgment)