Young v. Mahoning County, Ohio

• Decision Date: 30 September 2005
• Docket Number: No. 4:01CV1296.,No. 4:01CV1508.,4:01CV1296.,4:01CV1508.
• Parties: Tawanna YOUNG Plaintiff v. MAHONING COUNTY, OHIO Defendant Melissa Desavigny Plaintiff v. Mahoning County, Ohio Defendant
• Court: U.S. District Court — Northern District of Ohio

Page 948

418 F.Supp.2d 948

Tawanna YOUNG Plaintiff v. MAHONING COUNTY, OHIO Defendant Melissa Desavigny Plaintiff v. Mahoning County, Ohio Defendant

No. 4:01CV1296.

No. 4:01CV1508.

United States District Court, N.D. Ohio, Eastern Division.

September 30, 2005.

Alan S. Belkin, Diane M. Gonda, Gonda & Associates, Cleveland, OH, for Plaintiff.

Linette S. Baringer, Constance E. Pierce, Office of the Mahoning County, Youngstown, OH, for Defendant.

MEMORANDUM OPINION AND ORDER

ECONOMUS, District Judge.

This matter is before the Court upon the Defendant's Motion for Summary Judgment. See (Case No. 4:01CV1296, Dkt. # 55; Case No. 4:01CV1508, Dkt. # 38)¹

I. BACKGROUND

The following facts are undisputed unless otherwise noted. The Mahoning County Sheriff, Randall Wellington (the "Sheriff"), appointed the plaintiffs, Tawanna Young ("Young") and Melissa Desavigny ("Desavigny"), to the position of deputy sheriffs on May 25, 2000. See (Dkt. # 56, Aff. of Theresa Sedzmak ("Sedzmak Aff.") ¶ 3, Exs. 2 & 3). The plaintiffs' appointment letters provided, in pertinent part:

This appointment is both provisional and permanent; i.e., not intermittent or part-time, etc. As a provisional appointee, you will not become certified unless you serve provisionally for two years or otherwise pass a civil service exam. Further you will serve a one-year probation, scheduled to end at midnight, May 30, 2001.... Your job duties will include those described in this department's policy manual under those titles of Deputy Sheriff.

While on probation, you will receive formal performance appraisals on or about six months into your job as well as prior to the completion of your first year. Likewise, you will also be the subject of informal evaluations. Your performance may affect your successful completion of probation and could result in your removal. You will not have the right to appeal any removal within your first year of employment either through the Collective Bargaining Agreement or to the State Personnel Board of Review (SPBR).

While on probation and during your continued course of employment, it will be necessary for you to abide by the department's operating policies and procedures as well as general rules of conduct, special orders, memoranda, etc., while carrying out your sworn duty as a Peace Officer.

While employed as a Deputy Sheriff, you will be required to maintain a valid Ohio driver's license, a telephone at your place of residence with the number known to the administration, firearms proficiency and level of fitness commensurate with your job description.

(Sedzmak Aff. ¶ 3, Exs. 2 & 3).

On May 1, 2001, Young filed an Ohio Uniform Incident Report (the "incident report") therein indicating that she utilized force against an inmate housed in the Mahoning County Jail, Tanisha Wright ("Wright").² See (Dkt. # 56, Aff. of Randall Wellington ("Wellington Aff.") 1110, Ex. # 1; Dkt. # 59, Aff. of Tawanna Young ("Young Aff.") ¶ 4). Young further filed charges against Wright for assaulting a peace officer in violation of Ohio Revised Code section 2903.13A. See (Wellington Aff. ¶ 10, Ex. # 1). Young described in the incident report the events giving rise to her use of force and filing of charges against Wright as follows.³

On 05-01-01, I Deputy Tawanna Young was working the 1400-2200 shift, I was assigned to the Corrections Division, working the D/E Pod position.

At 1604 hours I asked Inmate Tanisha Wright P.I.D. # 24234 to not sit in the chair by the phone if she was not using the phone so that other inmates could use the phone. Inmate Wright refused to move, so I then told her to move. I then told Wright one more time to move, or she would have to go to lock-down in her cell. Inmate Wright still refused to move. I then directed Wright to go into her cell. I then placed all of the inmates into lock-down to deal with Inmate Wright. I then called Deputy Desavigny to assist me.

At 1606 hours, Deputy Desavigny arrived in D/E Pod to assist me in placing Inmate Wright into her cell. Myself and Deputy Desavigny escorted inmate Wright into her cell (D-28) without any incident until inmate Wright walked into her cell. Inmate Wright became combative then yelled "Fuck you Bitch" and then grabbed me by my throat, I quickly grabbed her arm and pushed Wright backwards. Inmate Wright then threw two punches at my face, which left a scratch on my face, on the left cheek. I then grabbed Inmate Wright's hair and kicked her in the left leg for a distraction. Myself and Deputy Desavigny then took Inmate Wright to the ground to handcuff her. I then notified Sergeant Deluca of the Incident. Myself and Deputy Desavigny escorted Inmate Wright to booking to be housed. Inmate Wright was seen by Nurse Snyder for any injuries, Nurse Snyder reported that there was no injuries to Inmate Wright. Inmate Tanisha Wright was then charged with Assault on a Peace Officer, charges to be filed at Youngstown Municipal Court.

(Wellington Aff. ¶ 10, Ex. # 1.)

Mahoning County Sheriff's Department Lieutenant Howard Faison ("Faison") and Sergeant L. Sliwinski ("Sliwinski") thereafter investigated the assault on Young by interviewing inmate-witnesses. Faison's report provided, in pertinent part:

While investigating an assault on a police officer, Sgt. Sliwinski and myself learned that the report as filed, was only a small portion of what happened. We talked to inmate Wright, and seven other inmates of the same pod and learned that the incident started when inmate Wright refused an order to get out of a seat by the pod phone. All of the inmates concur that at some point Dep. Young went to the J/K pod and returned with Dep. DeSavney. During Dep. Young's absents, inmate Wright went to her cell and locked herself in. All agree that the two officers then put on gloves and went to inmate Wright's cell and entered. They state that they heard inmate Wright pleading for the officers to get off her. They claim that the two Deputies beat up inmate Wright and then cuffed her and dragged her from her cell, and then down the stairs. Five of the seven inmates we spoke to stated that inmate Wright was thrown into a fire extinguisher head first and then dragged into a hall outside the pod.

I became concerned when I first saw the assault report because this makes the third assault on Dep. Young this year. I became more concerned when I learned that Dep. DeSaveny was also involved in this incident because I explained to that officer less than three months earlier that she has to stop being so confrontational with inmates.

(Wellington Aff. ¶ 10, Ex. # 5.) Sliwinski's report indicated that the inmates had presented a letter containing their version of the events along with an approximately seven to eight inch clump of hair purportedly ripped from Wright's head during the altercation. See (Wellington Aff. ¶ 10, Ex. # 6).

On May 2, 2001, Mahoning County Sheriff's Department Major Michael Budd ("Budd"), summoned Young to his office and advised her of the investigation. According to-Young, Budd was "very vulgar and profane" and "demanded that [she] write a second statement involving the incideht with Wright." (Young Aff. ¶ 6.) Specifically, according to Young:

Budd insisted that I include in the second statement that I pulled Wright's hair and that I threw Wright down the steps. I did include a reference to pulling Wright's hair in the second statement but refused, despite Major Budd's repeated insistence, to state that I had thrown Wright down the stairs. Major Budd advised me at that meeting that I was being placed on administrative leave.

(Young Aff. ¶ 6.) Young's supplemental statement provided, in pertinent part:

I'm being ordered to write this supplement by Major Michael Budd and my Garrity Writes does apply.

. . . . .

On the way to take [Wright] to booking we were going down the steps and we almost fell. Dep. Desavigny let her arm go and I tried to keep myself and Inmate Wright from falling down the stairs. WE DIDN'T FALL but she bent over she was handcuffed from the back and hit HER HEAD ON THE FIRE EXTINGUISHER BOX kind of hard.

(Wellington Aff. ¶ 10, Ex. 7.)

Desavigny also prepared a statement that provided, in pertinent part:

Deputy Young and I walked over to the desk to put on gloves and went up to the inmates room to inform [Wright] to pack up all of her stuff because we were there to move her to J-Pod (Discipline Pod). That is when the inmate started calling us bitches and grabbed Deputy Young by her throat and was hitting, scratching, kicking, and pushing Deputy Young. Deputy Young was trying to get the inmate off of her and I tried to handcuff her. I got one handcuffed but she was putting up such a fight I had a hard time to get the other arm cuffed. Deputy Young was trying to help me hold her down to get her other hand. Finally we got her cuffed. That is when Deputy Young got on one side and I was on the other and we started to escort the inmate to booking. On the way down the D-Pod steps we started to fall. That is when I had let go of the inmates arm so I didn't fall and the inmate hit her head on the fire extinguisher box at the bottom of the steps.

(Wellington Aff. ¶ 10, Ex. 8.) Budd also summoned Desavigny and advised of the investigation. See (Dkt. # 59, Aff. of Melissa Desavigny ("Desavigny Aff.") ¶¶ 4-5).

On May 8, 2001, the Sheriff issued letters terminated the plaintiffs' employment, effective May 9, 2001. (Sedzmak Aff. 113, Exs. 4 & 5). The termination letters explicitly provided: "As a probationary deputy hired on May 30, 2000, you were put on notice that you would serve a one-year probation period. Your performance as a Deputy Sheriff has been deemed unsatisfactory and I am, therefore, causing your removal." (Sedzmak Aff. ¶ 3, Exs. 4 & 5.)

On May 29, 2001, Young filed an action (the "Young action") against the Defendant, Mahoning County, Ohio, Sheriff's Department, pursuant to Title 42 of the United States Code, section 1983. See (Dkt. # 1 at 1)...