Carney v. Ohio Dep't of Rehab. & Corr., 2021-00093JD

CourtCourt of Claims of Ohio
Writing for the CourtPATRICK E. SHEERAN Judge
Citation2022 Ohio 1599
Docket Number2021-00093JD
Decision Date28 March 2022
PartiesLAKIM CARNEY Plaintiff v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant

2022-Ohio-1599

LAKIM CARNEY Plaintiff
v.

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION Defendant

No. 2021-00093JD

Court of Claims of Ohio

March 28, 2022


Sent to S.C. Reporter 5/12/22

Scott Sheets Magistrate Judge

ENTRY GRANTING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT

PATRICK E. SHEERAN Judge

{¶1} Before the court is defendant's February 14, 2022 motion for summary judgment, to which plaintiff did not respond. Plaintiffs complaint alleges that corrections' officers used excessive force against him on May 10, 2020, while plaintiff was incarcerated at Madison Correctional Institution (MCI). Defendant moves for summary judgment, asserting that corrections' officers were privileged in their use of force and did not use excessive force. For the following reasons, the court GRANTS defendant's motion for summary judgment.

Standard of Review

{¶2} Motions for summary judgment are reviewed under the standard set forth in Civ.R. 56(C), which states, in part:

Summary judgment shall be rendered forthwith if the pleadings, depositions, answers to interrogatories, written admissions, affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in the action show that there is no genuine issue as to any material fact and that the moving party is entitled to summary judgment as a matter of law. No evidence or stipulation may be considered except as stated in this rule. A summary judgment shall not be rendered unless it appears from the evidence or stipulation, and only from the evidence or stipulation, that reasonable minds can come to but one conclusion and that conclusion is
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adverse to the party against whom the motion for summary judgment is made, that party being entitled to have the evidence or stipulation construed most strongly in the party's favor

"[T]he moving party bears the initial responsibility of informing the trial court of the basis for the motion, and identifying those portions of the record before the trial court which demonstrate the absence of a genuine issue of material fact on a material element of the nonmoving party's claim." Dresher v. Burt, 75 Ohio St.3d 280, 292, 662 N.E.2d 264 (1996). To meet this initial burden, the moving party must be able to point to evidentiary materials of the type listed in Civ.R. 56(C). Id. at 292-293.

{¶3} If the moving party meets its initial burden, the nonmoving party bears a reciprocal burden outlined in Civ.R. 56(E), which states, in part:

When a motion for summary judgment is made and supported as provided in this rule, an adverse party may not rest upon the mere allegations or denials of the party's pleadings, but the party's response, by affidavit or as otherwise provided in this rule, must set forth specific facts showing that there is a genuine issue for trial. If the party does not so respond, summary judgment, if appropriate, shall be entered against the party.

Facts

{¶4} The facts are drawn from the only evidence before the court, the affidavits including attachments that were submitted with defendant's motion. On May 10, 2020, corrections officer Ahmed Camara (Camara) worked at MCI. On that day, plaintiff was handcuffed to and using the facility's JPay kiosk. After plaintiff finished, Camara released plaintiff from the JPay kiosk and attempted to cuff plaintiff behind his back when plaintiff asked if he could use the telephone. After Camara informed plaintiff that he could not use the phone due to his segregation status and while Camara had his head down, plaintiff began striking Camara in the face with a closed fist and with a hand restraint still attached to his hand. Despite Camara directing plaintiff to stop, plaintiff continued to

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strike Camara, who took...

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