Garvey v. Vermilion
2012 Ohio 1258
Ohio Ct. App.2012Background
- Garvey and her husband left a Vermilion bar; Rick’s license was suspended, and Garvey admitted she knew of it.
- Police stopped Rick in a vehicle; Garvey was cited for wrongful entrustment and placed in a cruiser after refusing to sign the citation.
- Garvey was arrested when she refused to exit the cruiser; she was restrained and forcibly removed, causing multiple injuries.
- Garvey filed a 2006 complaint against the City and two officers for Fourth/Fifth Amendment violations and tort claims, later refiled in 2008.
- Motions for summary judgment were filed May 3, 2010; the trial court denied them on August 2, 2010, and the matter went to appellate review.
- The court of appeals affirmed in part, reversed in part, and remanded; it sustained immunity-related issues only for the intentional infliction of emotional distress claim.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Qualified immunity denial | Garvey asserts excessive-force rights were violated. | Officers claim qualified immunity applies due to reasonableness. | Summary judgment denied; genuine issues of material fact remain. |
| Immunity under RC 2744 for assault/battery, gross neglect, IIED | Garvey seeks no immunity for alleged conduct. | Officers are entitled to immunity unless malice or recklessness shown. | Genuine issues of material fact preclude immunity. |
| City immunity on failure to investigate claim | City policy/custom showed deliberate indifference to rights. | Investigation deemed adequate; no deliberate indifference shown. | Genuine issue of material fact; summary judgment not warranted. |
| City immunity on failure to train claim | Training deficiencies show municipal liability. | Evidence insufficient to prove deliberate indifference in training. | Genuine issue of material fact; summary judgment not warranted. |
| Immunity regarding intentional infliction of emotional distress claim | City’s actions can support IIED claims against it. | IITED claims fall outside exceptions to immunity; city immune. | City immune for IIED; fifth assignment sustained in part. |
Key Cases Cited
- Budich v. Reece, 2008-Ohio-3630 (9th Dist. 2008) (finality of denial on immunity matters)
- Hubbell v. Xenia, 115 Ohio St.3d 1 (2007-Ohio-4839) (immunity final order under RC 2744.02(C))
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (de novo review of summary judgment on immunity)
- Saucier v. Katz, 533 U.S. 194 (2001) (two-step approach to qualified immunity)
- Leach v. Shelby Cty. Sheriff, 891 F.2d 1241 (6th Cir. 1989) (42 U.S.C. 1983 municipal liability standard)