Hayes v. Columbus
2014 Ohio 2076
Ohio Ct. App.2014Background
- Hayes, administrators of Edward Hayes, sued Officer Hannah and the City of Columbus for state-law tort claims arising from a 2008 shooting that killed Hayes.
- Hannah, a Columbus police officer since 1999, participated in the Summer Safety Initiative (SSI) in zone 5 to reduce violence and illegal firearms.
- On June 6, 2008, Hayes and others were in a car in Mount Vernon Plaza; firearms were present and later recovered from the vehicle.
- Hayes exited the car with a handgun; Hannah ordered him to drop the weapon and pursued him after he ran.
- Hannah fired twice from about 10–15 feet when he believed Hayes posed an imminent threat; Hayes died from the shots.
- The trial court granted Hannah summary judgment on statutory immunity under R.C. 2744.03; the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Hannah is immune under RC 2744.03(A)(6). | Hayes argues immunity does not apply given disputed facts. | Hannah contends actions were within scope and reasonable under policy. | Hannah immune; RC 2744.03(A)(6) applies. |
| Whether genuine issues exist on the malice/wanton/reckless conduct exception. | Eyewitnesses say Hayes was shot in the back unprovoked. | Totality shows reasonable belief of threat; no malicious or reckless conduct. | No genuine issue; exception not satisfied. |
| Whether Hannah's use of deadly force was objectively reasonable. | Hayes was unarmed when shot; force was excessive. | Hayes armed and turning toward Hannah; deadly force was reasonable to prevent imminent harm. | Reasonable belief of imminent threat; deadly force justified. |
Key Cases Cited
- Graham v. Connor, 490 U.S. 386 (1989) (reasonableness of force judged from officer's perspective on scene)
- Tennessee v. Garner, 471 U.S. 1 (1985) (deadly force may be used to prevent escape where there is threat of serious harm, with warnings when feasible)
- Anderson v. Massillon, 134 Ohio St.3d 380 (2012-Ohio-5711) (definitions of malicious purpose, bad faith, and wanton/reckless conduct under RC 2744.03(A)(6)(b))
- Estate of Graves v. Circleville, 124 Ohio St.3d 339 (2010-Ohio-168) (statutory immunity aims to preserve political subdivisions' fiscal integrity)
- Bodager v. Campbell, 2013-Ohio-4650 (4th Dist. No. 12CA828) (statutory immunity analysis under 2744.03; reliance on objective, on-scene assessment)