Mayes v. Columbus

• Decision Date: 17 August 1995
• Docket Number: No. 94APE09-1316,94APE09-1316
• Citation: 664 N.E.2d 1340,105 Ohio App.3d 728
• Parties: MAYES, Appellant, v. CITY OF COLUMBUS et al., Appellees.
• Court: Ohio Court of Appeals

Page 728

105 Ohio App.3d 728

664 N.E.2d 1340

MAYES, Appellant, v. CITY OF COLUMBUS et al., Appellees.

No. 94APE09-1316.

Court of Appeals of Ohio,

Tenth District, Franklin County.

Decided Aug. 17, 1995.

Plymale & Associates and Andrew W. Cecil, Columbus; David K. Greer, for appellant.

Ronald J. O'Brien, City Attorney, and Barbara J. Pfeiffer, Assistant City Attorney; David M. Buchman, City Prosecutor, for appellees.

DEAN STRAUSBAUGH, Judge.

Plaintiff-appellant, Albert Mayes, appeals the judgment of the Franklin County Court of Common Pleas which granted defendants-appellees' city of Columbus, Molly Smith and Lorena Schrader's motion for directed verdict. Appellant sets forth the following three assignments of error:

"I. The trial court erred in directing a verdict in favor of Defendants Molly Smith and Lorena Schrader on the claims of malicious prosecution.

"II. The trial court erred in directing a verdict in favor of all defendants on the claims arising under 42 U.S.C. § 1983.

"III. The trial court erred in directing a verdict in favor of Defendant Molly Smith on the claims of false arrest."

The record reveals that on May 5, 1991, the Columbus Police were called to 203 Belvidere on a burglary-in-progress call. Officers Molly Smith and Donald Junk responded to the call. Upon arriving at 203 Belvidere, a woman on the opposite side of the street was gesturing toward 203 Belvidere. Officer Smith testified that a woman identified as "Miss Wilson" met the officers upon their arrival and told them that three black males were still inside the house. Without indicating her presence, Officer Smith kicked in the door. The facts from this point are disputed.

Officer Smith testified that when she entered the house, she observed appellant and two other black men surrounding Dorothy Holland, that Holland had a wad of money in her hand, and that her breasts were exposed. Officer Junk testified that he did not observe Holland's breasts being exposed, nor did the police report contain any mention of this fact. Officer Smith and Officer Junk forced appellant and the other two men out of the apartment at gunpoint. No weapons or contraband was found on either of the men. Appellant was asked by Officer Smith whether he had any money on him. Officer Smith testified that appellant stated that he did not have any money on him; however, $48 was found inside his pants pocket after he was searched. The record reveals that the $48 remained in appellant's possession.

Appellant's explanation of the events are as follows: Appellant lived approximately five houses down the street from Holland. Appellant and other witnesses describe Holland as a senile elderly woman whose mind "comes and goes." Appellant explained that from 1990 to May 1991, he performed a number of odd jobs for Holland, including shoveling snow, cutting grass, moving furniture, finding her dog and fixing her thermostat. Appellant stated that on occasion he had taken Holland dinner or lunch. He further testified that several others in the neighborhood also looked out for Holland. On the day in question, appellant and two of his friends were walking to appellant's house when Holland called out to appellant and asked if he could come and help her. Appellant and his two friends walked over to Holland's house. Appellant testified that he asked Holland's permission for his friends to come inside also, and Holland said "yes." Holland explained to appellant that she had misplaced her purse. Appellant testified that Holland stated that she lost her purse because she had just paid the paper boy. Appellant said he knew that Holland was not in her right mind because it was Sunday, and he didn't think that the paper boy collected on Sunday. One of his friends saw her purse lying beside the couch and handed it to Holland. Appellant testified that Holland took the money out of the purse and began clutching it in her hands, explaining again that she had just paid the paper boy. Appellant testified that before the police arrived, the telephone rang. The police report completed by Officer Junk corroborated this testimony as Junk indicated therein that before the police arrived, a neighbor, JoAnn Alexander, who resided at 204 Belvidere, called Holland and asked if she was okay. Holland stated to the caller, "My friends are here to help me find my money." A few minutes later, the police arrived and kicked in the door. The officers entered the house with weapons drawn. Appellant, startled, tried to explain the situation to the officers, but was told to put his hands up. Appellant and the other two men were handcuffed and escorted outside. Appellant testified that Officer Smith tripped him, physically slammed him down on the front porch by the back of his neck, and searched him. Officer Smith would not listen to appellant's attempt to explain the matter. Appellant stated that Holland, who had calmed down after finding her money, began shaking and crying during the commotion.

The three men were taken to police headquarters where appellant was interviewed by Detective Lorena Schrader. Appellant informed Detective Schrader that he had permission to be in Holland's house. Detective Schrader met with Holland later, and concluded that she was incompetent to testify at trial. Detective Schrader testified that she was unable to determine if there was any property missing from Holland during her investigation. In fact, the police reports completed by Officer Smith and Officer Junk stated "no loss." Additionally, no one else interviewed by Detective Schrader had any knowledge of any property stolen from Holland.

Officer Smith initiated a prosecution by filing a criminal complaint against appellant in the Franklin County Municipal Court on May 5, 1991. Detective Schrader referred a detailed investigation packet to the prosecutor's officer recommending aggravated burglary against appellant. Detective Schrader testified that she did not include in the four-page investigative summary packet any mention of Holland's statement that "[m]y friends are here to help me find my money," that was contained in the reports prepared by the officers. The grand jury returned an indictment for aggravated burglary and robbery against appellant and his two friends.

Appellant remained in jail until July 22, 1991, the day his case came to trial. Appellant's case was jointly tried with one of the other men. Following presentation of the state's case, the trial judge ordered a directed verdict of acquittal in favor of both appellant and the other man. The acquittal was journalized by entry on July 23, 1991.

Subsequently, appellant filed the instant civil action in the Franklin County Court of Common Pleas against the city of Columbus, Molly Smith, Donald Junk and the Columbus Division of Police, for false arrest, malicious prosecution, and violation of Section 1983, Title 42, U.S.Code. On September 9, 1992, appellant filed an amended complaint naming Detective Lorena Schrader as an additional defendant.

On May 4, 1993, appellees filed a motion for partial summary judgment on the false arrest and malicious prosecution claims. The trial court granted summary judgment on the false arrest claims but denied summary judgment with respect to the malicious prosecution claims on July 30, 1993.

The trial began on July 25, 1994. Sometime during the course of the trial, appellant dismissed Donald Junk from the case. Appellant called several neighbors to testify in his behalf. After appellant presented his case, the trial court granted appellees' motion for directed verdict on all claims. This decision was journalized on August 12, 1994. Appellant appeals the trial court's decision.

Appellant's first two assignments of error concern whether the trial court erred in granting a directed verdict on appellant's claim of malicious prosecution and his claim under Section 1983, Title 42, U.S.Code against Officer Molly Smith, Detective Lorena Schrader and the city of Columbus. Civ.R. 50(A)(4) governs the trial court's grant of a directed verdict and provides, in pertinent part:

"When a motion for a directed verdict has been properly made, and the trial court, after construing the evidence most strongly in favor of the party against whom the motion is directed, finds that upon any determinative issue reasonable minds could come to but one conclusion upon the evidence submitted and that conclusion is adverse to such party, the court shall sustain the motion and direct a verdict for the moving party as to that issue."

In discussing a motion for directed verdict in Ruta v. Breckenridge-Remy Co. (1982), 69 Ohio St.2d 66, 68-69, 23 O.O.3d 115, 116, 430 N.E.2d 935, 938, the Ohio Supreme Court wrote:

"[W]hat is being tested is a question of law; that is, the legal sufficiency of the evidence to take the case to the jury. This does not involve weighing the evidence or trying the credibility of witnesses; it is in the nature of a demurrer to the evidence and assumes the truth of the evidence supporting the facts essential to the claim of the party against whom the motion is directed, and gives to that party the benefit of all reasonable inferences from that evidence. The evidence is granted its most favorable interpretation and is considered as establishing every material fact it tends to prove. * * * "

Therefore, when ruling on a motion for directed verdict, the trial court must construe the evidence most strongly in favor of the nonmoving party and the trial court is further prohibited from weighing the evidence or questioning the credibility of any witness. See, also, The Limited Stores, Inc. v. Pan Am. World Airways, Inc. (1992), 65 Ohio St.3d 66, 600 N.E.2d 1027; Blair v. Property Mgt. Consultants (1987), 40 Ohio App.3d 103, 531 N.E.2d 752. Additionally, all reasonable inferences which may be drawn from the evidence must be made on behalf of the nonmoving party. Rinehart v. Toledo Blade Co. (1985), 21 Ohio App.3d 274, 21...