I'm doing research for a lesson plan I am developing and am curious if any of you guys in Ohio (Toledo area hopefully?) know anything more than what is presented in this case. From what I have read, the case is in brief at this time.
http://scholar.google.com/scholar_ca...en&as_sdt=3,34
The 1st and 2nd Amendment arguments have been dismissed on summary judgment. However, the 4th Amendment argument has been allowed to go to trial. The defendants were granted summary judgment on 4th Amendment Monell claims.
From the ruling: In sum, the Defendants cannot offer any evidence to support their argument that, by the fact of the 911 call and subsequent dispatch, Officer Bright had a reasonable suspicion that Northrup had committed a crime, was committing a crime, or was about to commit a crime. It is the jury's role to determine whether Northrup or Officer Bright offer the more believable account of their encounter. The Defendants are not entitled to summary judgment on Northrup's Fourth Amendment claims because there is a genuine dispute of material fact as to whether this incident violated Northrup's clearly established right to be free from unconstitutional searches and seizures. Additionally, the Defendants are not entitled to summary judgment on Northrup's excessive force claim, as the permissibility of the use of handcuffs, at least in part, may rise or fall on the constitutionality of the seizure.
Coming to the conclusion: For the reasons stated above, the Defendants' motion for summary judgment, (Doc. No. 24), is granted in part and denied in part. The Defendants are entitled to summary judgment on the following claims: (1) First Amendment — right to symbolic speech; (2) right to bear arms — Second Amendment and Article I, section 4 of the Ohio Constitution; (3) Fourth Amendment Monell claims; (4) state law and punitive damage claims against the Police Division of the City of Toledo; and (5) all remaining claims against Officer Comes. The Defendants are not entitled to summary judgment on the Plaintiffs' claims against Officer Bright and Sergeant Ray (1) for violation of his Fourth Amendment rights, (2) for assault, battery, wrongful arrest, and malicious prosecution under Ohio law, and (3) for punitive damages.
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Originally Posted by Alpha Sierra
