Morrison v. Horseshoe Casino
157 N.E.3d 406
Ohio Ct. App.2020Background
- At ~1:12 a.m. a woman reported being approached at gunpoint in the casino parking garage; police and casino security responded.
- Willie Morrison, who matched the dispatched description and was in close proximity, was located inside the casino, handcuffed by on‑duty Cleveland PD officers, searched, escorted out, and his vehicle later searched; no weapon or charges resulted.
- Four Cleveland officers (working secondary employment for Atlantis Security) and casino employees were defendants; Officer Maye admitted touching Morrison and, by deposition, participating in a vehicle search.
- Plaintiffs sued under 42 U.S.C. § 1983 and for state torts (false arrest/detention, assault/battery, conversion, loss of consortium) against the officers, Atlantis Security, and Rock Ohio Caesars (Horseshoe Casino).
- Trial court granted summary judgment for defendants on § 1983 (qualified immunity/acts by on‑duty CPD) and on state claims (statutory immunity under R.C. 2744.03(A)(6)); plaintiffs appealed.
- The court of appeals affirmed, finding probable cause and/or immunity for the officers, and no basis for employer liability for the private entities.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Did defendants violate Morrison’s Fourth Amendment rights under §1983 (unlawful detention/arrest/search)? | Morrison: officers lacked probable cause; detention/arrest and vehicle search were unlawful. | Defendants: officers (on‑ and off‑duty) had reasonable suspicion that justified a stop and had probable cause for arrest/search; on‑duty CPD conducted the arrest/search. | Court: probable cause existed under the totality (eyewitness 911 report, matching description, proximity); §1983 claim fails. |
| 2) Are the individual officers entitled to qualified immunity on the §1983 claim? | Morrison: conduct (especially Maye’s) violated clearly established law. | Officers: objectively reasonable to rely on the dispatch/eyewitness info; any mistake was reasonable. | Court: qualified immunity applies; a reasonable officer could have believed probable cause existed (Maye included). |
| 3) Can private employers (Atlantis Security, Rock Ohio) be liable under §1983 or vicariously for the officers’ acts? | Plaintiffs: employers are vicariously liable and owed a nondelegable duty to protect patrons; failed training/supervision. | Defendants: private entities cannot be held liable under §1983 absent municipal‑style policy/ custom; no agent liability because no constitutional violation proved. | Court: Monell principles apply; absent officer liability or a policy/failure‑to‑train showing, private entities not liable under §1983 or vicariously here. |
| 4) Are the officers/statutory employers immune from Ohio tort claims (R.C. 2744.03(A)(6))? | Plaintiffs: lack of probable cause raises questions of malice/bad faith to overcome immunity. | Defendants: officers acted within scope, without malice/bad faith/wantonness; R.C. 2744.03(A)(6) bars liability. | Court: statutory immunity applies; reasonable minds cannot find malice/bad faith/wanton recklessness given probable cause and limited involvement by some officers. |
Key Cases Cited
- Harlow v. Fitzgerald, 457 U.S. 800 (U.S. 1982) (qualified immunity test for public officials)
- Anderson v. Creighton, 483 U.S. 635 (U.S. 1987) (objective reasonableness and clearly established law standard)
- District of Columbia v. Wesby, 138 S. Ct. 577 (U.S. 2018) (reasonably mistaken probable cause and qualified immunity)
- Terry v. Ohio, 392 U.S. 1 (U.S. 1968) (reasonable suspicion standard for investigative stops)
- Katz v. United States, 389 U.S. 347 (U.S. 1967) (Fourth Amendment basic principles on searches and seizures)
- Chimel v. California, 395 U.S. 752 (U.S. 1969) (search incident to lawful arrest doctrine)
- Maryland v. Pringle, 540 U.S. 366 (U.S. 2003) (probable cause as totality of circumstances)
- United States v. Watson, 423 U.S. 411 (U.S. 1976) (warrantless public‑place arrests supported by probable cause)
- Monell v. Department of Social Services, 436 U.S. 658 (U.S. 1978) (municipal liability and need for policy/custom)
- Canton v. Harris, 489 U.S. 378 (U.S. 1989) (failure‑to‑train theory requires deliberate indifference)
- Beck v. Ohio, 379 U.S. 89 (U.S. 1964) (probable cause requires reasonably reliable information)
- Comer v. Risko, 106 Ohio St.3d 185 (Ohio 2005) (principal liability depends on agent’s liability)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (Ohio 1994) (definitions of wanton conduct and immunity in tort context)