McKee v. McCann, 2017 Ohio 7181

Background

McKee exited a Walmart without waiting for receipt verification; a Walmart loss-prevention employee asked for his receipt and a security guard (off-duty South Euclid officer) followed him to the parking lot and requested ID/receipt.
McKee refused to produce a physical ID or receipt and declined to verbally identify himself initially; the responding uniformed officers arrested him for refusal to identify.
After being placed under arrest, McKee provided his name, ID, and receipt and was released without charge; he later filed a citizen complaint.
McKee sued the officers (Shamblin, Delahanty), supervisory officials (Wilson, Nietert, Lograsso), and the city, asserting claims including unlawful detention, negligence, intentional infliction of emotional distress, assault/battery, false arrest, fraud, defamation, invasion of privacy, libel, respondeat superior, and ratification.
Defendants moved to dismiss, invoking R.C. 2744 governmental immunity and qualified privileges; the trial court granted dismissal and this opinion affirms on reconsideration.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
False arrest for refusal to identify under R.C. 2921.29(A)	McKee: statute requires only verbal ID (name/address/DOB); he was arrested for refusing to produce a physical ID, so arrest was unlawful	Officers: had reasonable suspicion of shoplifting and McKee refused to identify himself, giving probable cause for arrest	Held: Statute requires verbal identification but complaint alleges McKee refused to identify; officers had reasonable suspicion and qualified immunity for false arrest
Intentional infliction of emotional distress (IIED)	McKee: officer yelled, moved aggressively, caused fear and coerced compliance	Defendants: officer conduct not extreme/outrageous; routine police control and raised voice insufficient for IIED	Held: Dismissed — alleged conduct did not meet the high "extreme and outrageous" standard
Assault & battery re: handcuffing	McKee: handcuffing and aggressive movement constituted battery/assault	Defendants: officers privileged to use force incident to lawful arrest; no allegation of excessive force	Held: Dismissed — handcuffing during lawful arrest privileged absent excessive force allegation
Invasion of privacy (publication of purchases; SSN disclosure)	McKee: publicized purchases and Delahanty repeated SSN aloud/radio	Defendants: purchases were not private; any SSN disclosure occurred in official capacity and no bad faith alleged; immunity applies	Held: Purchases not private — claim fails; SSN allegation potentially actionable but officer immune absent allegations of bad faith/wanton conduct
Libel / internal reports and letters	McKee: investigation reports and law director opinion misrepresented facts (body cam contradicted) and defamed him	Defendants: internal communications and legal opinion are privileged; Nietert's letter not published to third parties	Held: Dismissed — internal communications qualifiedly privileged; law director's opinion absolutely privileged; Nietert's letter lacked publication element

Key Cases Cited

Doe v. Archdiocese of Cincinnati, 109 Ohio St.3d 491 (Ohio 2006) (12(B)(6) dismissal standard: plaintiff must show set of facts entitling recovery)
O'Brien v. Univ. Community Tenants Union, 42 Ohio St.2d 242 (Ohio 1975) (standards for motion to dismiss)
York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143 (Ohio 1991) (pleading standard: if any facts could permit recovery, dismissal improper)
Cramer v. Auglaize Acres, 113 Ohio St.3d 266 (Ohio 2007) (employee immunity under R.C. 2744.03(A)(6))
Yeager v. Local Union 20, 6 Ohio St.3d 369 (Ohio 1983) (IIED requires extreme and outrageous conduct)
Love v. Port Clinton, 37 Ohio St.3d 98 (Ohio 1988) (battery requires intent and harmful/offensive contact)
A & B‑Abell Elevator Co. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council, 73 Ohio St.3d 1 (Ohio 1995) (definition of defamation)
Hecht v. Levin, 66 Ohio St.3d 458 (Ohio 1993) (publication element of defamation)