Harris v. Columbus, 2016 Ohio 1036

Background

In January 2013 Columbus police responded to a reported cutting at Howard Harris's home; Officer Byers tasered and arrested Harris, who was transported to Mt. Carmel Hospital and then held at the Franklin County Correctional Center for four days.
Harris was charged with assault/domestic violence and obstructing official business; he pleaded no contest to obstruction in exchange for dismissal of the other charges and was sentenced to time served.
Harris originally sued the city, several police officers, and Sheriff Zach Scott in state court (removed to federal court, then remanded); he voluntarily dismissed that action and refiled the state claims in December 2014.
The city moved for summary judgment based on immunity and res judicata; the police officers moved for summary judgment asserting employee immunity; Sheriff Scott moved for judgment on the pleadings asserting county immunity under R.C. Chapter 2744.
The trial court granted the city’s motion, the officers’ motion for summary judgment, and Sheriff Scott’s motion for judgment on the pleadings; Harris appealed pro se after his counsel withdrew.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether police officers are stripped of immunity under R.C. 2744.03(A)(6) for alleged malicious/wanton conduct (tasing and rough carry)	Harris: officers acted maliciously/wantonly (unjustified taser, painful carry, head banging), so immunity shouldn't apply	Officers: affidavits show use of taser was justified by threat to victim and officer; carrying was necessary and not abusive — no evidence of wanton or malicious conduct	Court: Granted summary judgment for officers — affidavits defeated plaintiff's allegations; no genuine issue of wanton/malicious conduct
Whether officers violated Fourth Amendment/search-and-seizure by pursuing Harris into residence without warrant	Harris: officers unlawfully pursued him back into the residence and effectuated seizure without warrant	Defendants: not addressed on appeal because no federal claims were asserted in refiled state case; constitutional claim waived	Court: Overruled — federal constitutional claim waived by failure to raise in the refiled state case; no private damages action under Ohio Constitution
Whether the city can be held liable (agency/ratification theories) despite political-subdivision immunity	Harris: city liable under agency principles for employee misconduct; earlier ruling against city was incorrect	City: claims barred by earlier decision, res judicata/collateral estoppel and the city is immune under R.C. 2744.02	Court: Affirmed summary judgment for city — plaintiff failed to preserve or properly press distinct arguments against city immunity; res judicata/court’s prior ruling applied
Whether Sheriff Scott (sued in official capacity) is liable for jail/confinement claims despite R.C. 5120.10 minimum-standards allegations	Harris: statutes (R.C. 5120.10) and alleged misconduct at jail impose liability on sheriff/county	Sheriff/County: sheriff sued in official capacity is entitled to political-subdivision immunity under R.C. 2744.02; R.C. 5120.10 does not expressly impose civil liability under R.C. 2744.02(B)(5)	Court: Granted judgment on the pleadings for Sheriff Scott — operating a jail is a governmental function and no statutory exception applies to negate immunity

Key Cases Cited

Coventry Twp. v. Ecker, 101 Ohio App.3d 38 (discussing standard of review for summary judgment)
State ex rel. Grady v. State Emp. Relations Bd., 78 Ohio St.3d 181 (summary judgment/Civ.R. 56 standards)
Anderson v. Massillon, 134 Ohio St.3d 380 (definitions of willful and wanton misconduct)
State v. Ishmail, 54 Ohio St.2d 402 (appellate courts may not consider evidence not presented to trial court)
Lambert v. Clancy, 125 Ohio St.3d 231 (distinguishing immunity analyses for political subdivisions vs. individual employees)
Colbert v. Cleveland, 99 Ohio St.3d 215 (three-tier analysis under R.C. Chapter 2744 for political-subdivision immunity)