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Mehman v. Noltemeyer

Court of Appeals of Ohio, Tenth District

August 31, 2017

Michael J. Mehman, Plaintiff-Appellee,
v.
Columbus Police Officer Sean Noltemeyer et al., Defendants-Appellants, John Doe et al., Defendants-Appellees.

         APPEAL from the Franklin County Court of Common Pleas C.P.C. No. 15CV-2823

          On brief: Moore & Yaklevich, and W. Jeffrey Moore; Abe Bahgat for appellee. Argued: Abe Bahgat.

          On brief: Richard C. Pfeiffer, Jr., City Attorney, and Janet R. Hill Arbogast, for appellants. Argued: Janet R. Hill Arbogast.

          DECISION

          BROWN, J.

         {¶ 1} This is an appeal by defendants-appellants Sean Noltemeyer and Eric Houser from a decision and entry of the Franklin County Court of Common Pleas denying their motion for summary judgment.

         {¶ 2} On June 20, 2013, plaintiff-appellee, Michael J. Mehman, filed a complaint against appellants in Franklin C.P. No. 13CVH-6834. On July 3, 2014, appellants filed a motion for summary judgment. On July 18, 2014, appellee filed a notice of dismissal without prejudice, expressing an "intention to re-file this action within one year."

         {¶ 3} On April 1, 2015, appellee filed a complaint against appellants in Franklin C.P. No. 15CV-2823. The complaint alleged that, on June 20, 2012, appellant Sean Noltemeyer (individually "Noltemeyer"), a Columbus Police Officer, and appellant Eric Houser (individually "Houser"), also a Columbus Police Officer, "did engage in willful, reckless, or malicious conduct, unlawfully used excessive force and assault to seize [appellee] without a warrant or probable cause, handcuffing him, shoving him into the back of their cruiser and for no valid reason detaining him for an unreasonable time." (Compl. at 2-3.) The complaint alleged causes of action for false arrest, illegal search and seizure/false imprisonment, and malicious prosecution.

         {¶ 4} On January 6, 2016, appellants filed a motion for summary judgment. On February 17, 2016, appellee filed a memorandum contra the motion. Appellants subsequently filed a reply. On August 4, 2016, the trial court filed a decision and entry denying appellants' motion for summary judgment.

         {¶ 5} On appeal, appellants set forth the following three assignments of error for this court's review:

[I.] The trial court erred when it found Appellants are not entitled to immunity from Appellee's claims.
[II.] The trial court erred when it found that Appellants' requests for admissions had not been admitted by Appellee.
[III.] The trial court erred in withdrawing the admissions.

         {¶ 6} Appellants' assignments of error are interrelated and will be considered together. Under these assignments of error, appellants contend the trial court erred in (1) determining they were not entitled to immunity, (2) failing to adjudge their requests for admissions in the first filed action deemed admitted in the re-filed action, and (3) withdrawing the admissions.

         {¶ 7} Pursuant to Civ.R. 56, summary judgment is proper when "(1) no genuine issue as to any material fact exists, (2) the party moving for summary judgment is entitled to judgment as a matter of law, and (3) viewing the evidence most strongly in favor of the non-moving party, reasonable minds can only reach one conclusion which is adverse to the non-moving party." Lee v. Cleveland, 151 Ohio App.3d 581, 2003-Oh ...


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