Bowman v. City of Fairview Park

UNITED STATES DISTRICT COURT

NORTHERN DISTRICT OF OHIO

EASTERN DIVISON

Ted Bowman, ) CASE NO. 1:23 CV 1406

)

Plaintiff, ) JUDGE PATRICIA A. GAUGHAN

)

vs. )

)

City of Fairview Park, et al., )

) Memorandum of Opinion and Order

)

Defendants. )

INTRODUCTION

This matter is before the Court upon the Motion for Judgment on the Pleadings of

Defendants City of Fairview Park, Officer Michael D. Thompson, and Officer Christina Calabrese.

(Doc. 17.) This case arises from the traffic stop and ensuing arrest of plaintiff. For the reasons that

follow, the motion is GRANTED.

FACTS

Plaintiff Ted Bowman (“Bowman”) brings this lawsuit against defendants City of Fairview

Park (“Fairview Park”), Michael D. Thompson (“Officer Thompson”), and Christina Calabrese

(“Officer Calabrese”) (collectively, the “Fairview Park Defendants”). Bowman also named as

defendants the City of North Olmsted (“North Olmsted”), Matthew Beck (“Officer Beck”), and

Christopher Kelley (“Kelley”) (collectively, the “North Olmsted Defendants”). The North Olmsted

Defendants filed a separate motion for judgment on the pleadings, which this Court granted. (Doc.

16.)

For purposes of ruling on the pending motion, all well-plead factual allegations in the

Complaint (Doc. 1-1) are presumed true. The Court summarized the facts of this case in its previous

memorandum of opinion and order granting the North Olmsted Defendants’ motion for judgment

on the pleadings. For ease of reference, the Court summarizes the facts relevant to the Fairview

Park Defendants’ motion again here.

On June 28, 2021, at approximately 10:00 p.m., Bowman was driving from his home in

North Olmsted to his mother’s home in Fairview Park. Officer Beck, an off-duty North Olmsted

detective driving in his personal vehicle, claims to have observed Bowman’s vehicle “driving

erratically” in North Olmsted. Officer Beck followed Bowman’s vehicle into Fairview Park.

Around that same time, Officer Kelley, an on-duty North Olmsted police officer, was dispatched to

the area, and he observed Bowman’s vehicle weaving back and forth and driving in the center

shared left turn lane. Officer Kelley reported his suspicion of an impaired driver to dispatch and

initiated a traffic stop.

After stopping Bowman’s vehicle, the officers1 stated that Bowman’s speech was “slurred,”

his eyes were “glassy,” and he appeared as if he was going to fall asleep. (Doc. 1-1 ¶ 22.) Officer

Thompson, a Fairview Park police officer, instructed Bowman to perform a Horizontal Gaze

Nystagmus (“HGN”) field sobriety test while Bowman was seated in his vehicle. Officer Thompson

conducted a second HGN test after Bowman exited his vehicle. Officer Thompson also attempted to

administer a “Walk-and-Turn” test and a “One Leg” test and stated that Bowman could not recite

the alphabet properly.

1 The Complaint does not specify which of the four officers made this observation.

2

Bowman was arrested and charged with operating a vehicle under the influence of alcohol

(“OVI”) in violation of Fairview Park Codified Ordinance 333.01(A)(1)(a). The officers then

searched Bowman’s vehicle and discovered an open container, resulting in a second charge against

Bowman for operating a vehicle with an open container of alcohol under Fairview Park Codified

Ordinance 529.07(B)(4).

On September 28, 2022, Bowman was convicted in the Rocky River Municipal Court on

both counts. State v. Bowman, Nos. 21-TRC-02274, 21-CRB-00971 (Rocky River Municipal

Court).2 On November 23, 2022, Ohio’s Eighth District Court of Appeals affirmed Bowman’s

convictions. City of Fairview Park v. Bowman, No. CA 23 112300 (Ohio Ct. App. Nov. 22, 2023).

Bowman filed the present action on July 21, 2023. Bowman asserted five counts in his

Complaint: (1) violation of 42 U.S.C. § 1983; (2) false arrest – false imprisonment; (3) intentional

infliction of emotional distress; (4) negligence; and (5) employer liability. The North Olmsted

Defendants were dismissed following their separate motion for judgment on the pleadings. This

case proceeded against the Fairview Park Defendants, who now move for judgment on the

pleadings on all claims asserted against them. Bowman opposes the motion.

STANDARD OF REVIEW

A “motion for judgment on the pleadings under Rule 12(c) is generally reviewed under the

same standard as a Rule 12(b)(6) motion.” Mellentine v. Ameriquest Mortg. Co., 2013 WL 560515,

at *3 (6th Cir. Feb. 14, 2013) (citing EEOC v. J.H. Routh Packing Co., 246 F.3d 850, 851 (6th Cir.

2 The Court may take judicial notice of the public dockets and proceedings in other courts. See

Walburn v. Lockheed Martin Corp., 431 F.3d 966, 972 n.5 (6th Cir. 2005) (citing Rodic v.

Thistledown Racing Club, Inc., 615 F.2d 736, 738 (6th Cir. 1980)).

3

2001)). “For purposes of a motion for judgment on the pleadings, all well-pleaded material allegations

of the pleadings of the opposing party must be taken as true, and the motion may be granted only if

the moving party is nevertheless entitled to judgment.” JPMorgan Chase Bank, N.A. v. Winget, 510

F.3d 577, 581 (6th Cir. 2007).

Thus, “[w]e assume the factual allegations in the complaint are true and construe the

complaint in the light most favorable to the plaintiff.” Comtide Holdings, LLC v. Booth Creek Mgmt.

Corp., 2009 WL 1884445, at *1 (6th Cir. July 2, 2009) (citing Bassett v. Nat’l Collegiate Athletic

Ass’n, 528 F.3d 426, 430 (6th Cir. 2008)). In construing the complaint in the light most favorable to

the non-moving party, “the court does not accept ‘the bare assertion of legal conclusions’ as enough,

nor does it ‘accept as true . . . unwarranted factual inferences.’” Gritton v. Disponett, 2009 WL

1505256, at *3 (6th Cir. May 27, 2009) (citing In re Sofamor Danek Grp., Inc., 123 F.3d 394, 400

(6th Cir. 1997). As outlined by the Sixth Circuit:

Federal Rule of Civil Procedure 8(a)(2) requires only “a short and plain statement of

the claim showing that the pleader is entitled to relief.” “Specific facts are not

necessary; the statement need only give the defendant fair notice of what the ... claim

is and the grounds upon which it rests.” Erickson v. Pardus, 551 U.S. 89, 93 (2007)

(quoting Bell Atlantic Corp. v. Twombly, 550 U.S. 544, 555 (2007)). However,

“[f]actual allegations must be enough to raise a right to relief above the speculative

level” and to “state a claim to relief that is plausible on its face.” Twombly, 550 U.S.

at 555, 570. A plaintiff must “plead[ ] factual content that allows the court to draw

the reasonable inference that the defendant is liable for the misconduct alleged.”

Ashcroft v. Iqbal, 556 U.S. 662, 678 (2009).

Keys v. Humana, Inc., 684 F.3d 605, 608 (6th Cir. 2012). Thus, Twombly and Iqbal require that the

complaint contain sufficient factual matter, accepted as true, to state a claim to relief that is plausible

on its face based on factual content that allows the court to draw the reasonable inference that the

defendant is liable for the misconduct alleged. Twombly, 550 U.S. at 570; Iqbal, 556 U.S. at 678. The

4

complaint must contain “more than labels and conclusions, and a formulaic recitation of the elements

of a cause of action will not do.” Twombly, 550 U.S. at 555.

ANALYSIS

The Fairview Park Defendants move for judgment on the pleadings on all claims asserted

against them. Judgment is appropriate in the Fairview Park Defendants’ favor for many of the same

reasons explained by this Court in its previous memorandum of opinion and order granting the

North Olmsted Defendants’ motion for judgment on the pleadings.

1. Section 1983 Claims

To maintain his Section 1983 claims, Bowman must allege sufficient facts that (1) he was

deprived of a right secured by the Constitution or the laws of the United States, and (2) the

deprivation was caused by a person acting under color of state law. See West v. Atkins, 487 U.S. 42,

48 (1988); Simescu v. Emmet Cty. Dep’t of Soc. Servs., 942 F.2d 372, 374 (6th Cir. 1991).

A. Fourth and Fourteenth Amendment Claims Against Officer Thompson

and Officer Calabrese in Their Individual Capacities

In his Complaint, Bowman alleges that the defendants lacked “probable or just cause or

reasonable suspicion or good faith evidence” to follow, stop, seize, test, and arrest him. (Doc. 1-1 ¶

68.) Bowman contends that this conduct deprived him of his “rights to bodily security and liberty”

under the Fourteenth Amendment and subjected him to an “unreasonable physical seizure”

prohibited by the Fourth Amendment. (Id. ¶ 70.)3

3 In his Complaint, Bowman alleges that “[d]efendants” “used excessive force” by handcuffing and

placing him in the cruiser in an “unsafe” manner. (Doc. 1-1 ¶ 57.) Bowman does not specify which

of the four named individual defendants handcuffed him. In Count One of his Complaint (titled “42

U.S.C. § 1893”), Bowman does not explicitly name a claim for excessive force but alleges that the

“[d]efendants” “verbally and/or physically harassed” him and that he “has suffered physical injuries

to parts of his body.” (Id. ¶¶ 68, 71.) But again, Bowman does not allege which of the individual

5

Under Sixth Circuit law, a traffic stop is justified and does not offend the Fourth

Amendment as long as a police officer has “reasonable suspicion of an ongoing crime[.]” Hoover v.

Walsh, 682 F.3d 481, 493 (6th Cir. 2012) (citing United States v. Sanford, 476 F.3d 391, 394–95

(6th Cir. 2007)). Reasonable suspicion is more than an unparticularized hunch but less than

probable cause. Id. at 494. Further, an arrest “is constitutionally problematic only in the absence of

probable cause.” Id. at 499 (citing Hayes v. Florida, 470 U.S. 811, (1985)). “Probable cause exists

where the ‘facts and circumstances within the officer’s knowledge [ ] are sufficient to warrant a

prudent person . . . in believing . . . that the suspect committed, is committing, or is about to commit

an offense.’” Smith v. City of Wyoming, 821 F.3d 697, 715 (6th Cir. 2016) (quoting Michigan v.

DeFillippo, 443 U.S. 31, 37 (1979)).

“The existence of probable cause is an absolute bar to a § 1983 claim” alleging an illegal

“search, seizure, detention or prosecution[.]” Rowser v. Ohio, 2013 WL 123784, at *7 (N.D. Ohio

Jan. 9, 2013) (citing Logsdon v. Hains, 492 F.3d 334, 340–41 (6th Cir. 2007)). “A criminal

conviction, even if later reversed, constitutes conclusive evidence of probable cause unless the

conviction was obtained by fraud, perjury, or other corrupt means.” Schlueter v. S. Energy Homes,

defendants allegedly caused these injuries. A “critical aspect” of a Section 1983 claim against a

state actor is that the plaintiff must demonstrate each defendant personally committed the conduct

that forms the basis of the alleged unconstitutional behavior. Robertson v. Lucas, 753 F.3d 606, 615

(6th Cir. 2014) (citing Iqbal, 556 U.S. at 676). Bowman’s Complaint does not allege any facts that

suggest either Officer Thompson or Officer Calabrese used excessive force against Bowman. To the

extent Bowman raises a Fourth Amendment excessive force claim against Officer Thompson or

Officer Calabrese, such a claim is not well-plead and judgment on the pleadings in their favor is

warranted. “Frazier v. Michigan, 41 F. App’x 762, 764 (6th Cir. 2002) (affirming dismissal where

plaintiff “failed to allege with any degree of specificity which of the named defendants were

personally involved in or responsible for each of the alleged violations of his federal rights.”).

6

Inc., 252 F. App’x 7, 9 (6th Cir. 2007). Cf. Hill v. Toledo, 2020 WL 6701988, at *3 (N.D. Ohio

Nov. 13, 2020) (“Plaintiff, however, was charged in a separate indictment, confessed, and then pled

guilty to three of the six charges. All of these provide conclusive evidence of probable cause for the

charges.” (citing Schlueter)). “[T]he fact of conviction itself establishes probable cause for the

arrest [because] the higher standard needed to prove guilt has been met.” Rowser, 2013 WL

123784, at *7 (citing Schlueter).

Here, Bowman was convicted of OVI and open container violations, both of which have

been affirmed by the state appellate court. City of Fairview Park v. Bowman, No. CA 23 112300

(Ohio Ct. App. Nov. 22, 2023). Bowman does not allege that either conviction was obtained by

fraud, perjury, or other corrupt means.4 Bowman’s convictions constitute conclusive evidence of

probable cause that bar his Section 1983 claims alleging an illegal seizure and arrest. Rowser, 2013

WL 123874, at *7. Accordingly, judgment on the pleadings in Officer Thompson and Officer

Calabrese’s favor is warranted on these claims.

4 Bowman does not contest that the fact of a conviction establishes probable cause for an arrest.

(Doc. 20, at 4 (citing Schlueter, 252 F. App’x at 10).) Instead, Bowman contends that Heck v.

Humphrey, 512 U.S. 477 (1994) does not bar his Section 1983 claim because his claim would not

“necessarily imply the invalidity of [his] underlying conviction.” (Id. at 4–5.) Bowman’s

understanding of Heck’s application to this case is misplaced. The Sixth Circuit held that Heck is

inapplicable when habeas review was unavailable to a plaintiff because they were not sentenced to

time “in custody.” Powers v. Hamilton Cnty. Pub. Defs. Comm’n, 501 F.3d 592, 603 (6th Cir.

2007). For his convictions, Bowman received fines and an administrative license suspension for one

year less credit of 365 days. City of Fairview Park v. Bowman, No. CA 23 112300, ¶ 3 (Ohio Ct.

App. Nov. 22, 2023). For that reason, Heck is inapplicable here.

7

B. False Arrest and False Imprisonment Claims Against Officers

Thompson and Calabrese in Their Individual Capacities

Bowman also brings claims of false arrest and false imprisonment, alleging that “the

[d]efendants intentionally, maliciously and/or recklessly completely followed, stopped, and

confined [Bowman] within a limited area, for an[] appreciable time, without lawful privilege or

[Bowman’s] consent, and imposed by force.” (Doc. 1-1 ¶ 77.) False arrest and imprisonment claims

can be brought under either federal or state law. Voyticky v. Vill. of Timberlake, 412 F.3d 669, 677

(6th Cir. 2005). Bowman fails to address his false arrest claim in his opposition to the Fairview

Park Defendants’ motion. Thus, it is not clear whether Bowman is alleging state or federal claims

against Officer Thompson and Officer Calabrese but, either way, judgment on the pleadings in the

officers’ favor is warranted.

To the extent Bowman’s false arrest and imprisonment claim is based on Ohio law, Ohio’s

one-year statute of limitations bars any such claim. Ohio Rev. Code § 2305.11(A).5 But even if

Bowman is alleging federal false arrest and imprisonment claims under Section 1983, his claims

fail as a matter of law.

5 Bowman does not argue that his claims are entitled to equitable tolling but, if he did, the Fairview

Park Defendants are correct that equitable tolling would be inappropriate here. Ohio courts have

cautioned that equitable tolling should be “applied sparingly and only in exceptional

circumstances.” In re Regency Vill. Certificate of Need Application, 2011 WL 4541358, at *8 (Ohio

Ct. App. Sept. 30, 2011). See also Amini v. Oberlin Coll., 259 F.3d 493, 500 (6th Cir. 2001) (“This

circuit has repeatedly cautioned that equitable tolling relief should be granted only sparingly.”). “A

litigant seeking equitable tolling must demonstrate that he or she diligently pursued his rights, but

some extraordinary circumstance stood in his or her way and prevented timely action.” In re

Regency Village Certificate of Need Application, 2011 WL 4541358, at *9 (citing Holland v.

Florida, 560 U.S. 631, 649 (2010)). Bowman is not entitled to equitable tolling because he has not

pointed to any fact that would suggest he faced some “extraordinary circumstance” that “stood in

his way and prevented timely filing” of his claims.

8

The Sixth Circuit has held that false arrest and imprisonment claims brought pursuant to

Section 1983 implicate “the Fourth Amendment right to be arrested only upon probable cause.”

Crockett v. Cumberland Coll., 316 F.3d 571, 579–80 (6th Cir. 2003). To establish a false arrest

claim under the Fourth Amendment, a plaintiff must prove ultimately that the arresting officer

lacked probable cause for the arrest. Fridley v. Horrighs, 291 F.3d 867, 872 (6th Cir. 2002) (citing

Painter v. Robertson, 185 F.3d 557, 569 (6th Cir. 1999)). As discussed above, however, Bowman’s

convictions constitute conclusive evidence of probable cause for his arrest. Therefore, to the extent

Bowman brings his false arrest and imprisonment claims under federal law, judgment on the

pleadings in favor of Officer Thompson and Officer Calabrese is warranted.

C. Monell Claim Against Fairview Park

Count Five in Bowman’s Complaint, titled “Employer Liability,” seemingly attempts to

allege a Monell claim. A municipality can be liable under Section 1983 when an official “policy or

custom” caused a violation of the plaintiff’s constitutional rights. Monell v. Dep’t of Soc. Servs. 436

U.S. 658, 695 (1978). However, there can be no liability under Monell without an underlying

constitutional violation. City of Los Angeles v. Heller, 475 U.S. 796, 799 (1986). See also North v.

Cuyahoga Cty., 754 F. App’x 380, 389 (6th Cir. 2018) (“There must be a constitutional violation

for a § 1983 claim against a municipality to succeed—if the plaintiff has suffered no constitutional

injury, his Monell claim fails.”).

Here, as discussed above, Bowman has failed to allege any violation of his constitutional

rights by any Fairview Park employee. As such, his Monell claim against Fairview Park cannot

proceed. City of Los Angeles, 475 U.S. at 799.

9

Even if Bowman had alleged a constitutional violation by either Officer Thompson or

Officer Calabrese, Bowman’s Complaint is devoid of sufficient factual allegations to support a

Monell claim. A municipality cannot be held liable solely because it employs a tortfeasor. Monell,

436 U.S. at 691. In other words, a municipality cannot be held liable under Section 1983 on a

respondeat superior theory. Id. Instead, a plaintiff may only hold a government entity liable under

Section 1983 where its official policy or custom actually serves to deprive an individual of his or

her constitutional rights. Gregory v. City of Louisville, 444 F.3d 725, 752 (6th Cir. 2006). The

policy or custom must be the “moving force” behind the constitutional violation, so the plaintiff

needs to “identify the policy, connect the policy to the city itself and show that the particular injury

was incurred because of the execution of that policy.’” Searcy v. City of Dayton, 38 F.3d 282, 287

(6th Cir. 2006) (citations omitted). To maintain a Monell claim, a plaintiff must allege an illegal

policy or custom by pleading facts suggesting one of the following: (1) the existence of an illegal

official policy or legislative enactment; (2) that an official with final decision-making authority

ratified illegal actions; (3) the existence of a policy of inadequate training or supervision; or (4) the

existence of a custom of tolerance or acquiescence of federal rights violations. Thomas v. City of

Chattanooga, 398 F.3d 426, 429 (6th Cir. 2005).

The sum of Bowman’s allegations concerning his Monell claim are contained in two

paragraphs of his Complaint. First, Bowman alleges that Fairview Park either “executed [a] policy

and/or custom and/or officially and/or personally sanctioned, ordered, ratified, and/or failed to

properly instruct, train, employ, [or] retain” Officers Thompson and Calabrese. (Doc. 1-1 ¶ 105.)

Bowman then alleges that Fairview Park “trained, encourage[d], permitted, and/or ratified its/their

officers . . . to treat citizens in a manner that was designed to intimidate, physically injure, or

10

otherwise violate the rights and safety of citizens, including [Bowman].” (Id. ¶ 107.) These

conclusory allegations are insufficient. Bowman fails to allege any facts concerning what policy or

custom allegedly caused the violation of his Fourth or Fourteenth Amendment rights. Similarly, to

the extent Bowman bases his Monell claim on a failure to train, Bowman has failed to allege any

facts suggesting what training was insufficient and how that caused his injuries.

For these reasons, judgment on the pleadings in Fairview Park’s favor is warranted as to

Bowman’s Monell claim.

2. State Law Claims

Bowman’s Complaint also enumerates two state-law tort claims alleging that all defendants

are liable for intentional infliction of emotional distress and negligence. Judgment on the pleadings

is warranted in the Fairview Park Defendants’ favor on both state-law claims because the Fairview

Park Defendants are all entitled to statutory immunity under Ohio law.

A. Fairview Park

Political subdivisions in Ohio, such as municipalities, are afforded immunity from tort

liability for injury to a person caused by any act in connection with a governmental or proprietary

function. Ohio Rev. Code § 2744.02(A)(1); Chesher v. Neyer, 477 F.3d 784, 796 (6th Cir. 2007).

Under Ohio law, “government functions” include the operations of law enforcement. See §

2744.01(C)(2)(a); Harris v. Sutton, 918 N.E.2d 181, 185 (Ohio Ct. App. 2009). Section

2744.02(A)(1) provides immunity to political subdivisions from damages unless one of five

enumerated exceptions set forth in Ohio Rev. Code § 2744.02(B) applies. If none of the exceptions

contained in Section 2744.02(B) apply, the analysis ends, and the political subdivision is immune

from liability.

11

Section 2744.02(B) revokes immunity for damages caused by (1) a municipal employee’s

negligent operation of a motor vehicle, (2) the negligent performance of employees with respect to

proprietary functions of a political subdivision, (3) a municipality’s negligent failure to keep public

roads in repair, (4) a physical defect on the grounds of public buildings used for government

functions, or when (5) civil liability is expressly imposed by another provision of the Ohio Revised

Code. Ohio Rev. Code § 2744.02(B)(1)–(5).

Fairview Park is a political subdivision that qualifies for immunity under Ohio Rev. Code §

2744.02(A)(1). Bowman does not allege facts that would suggest any of the applicable, enumerated

exceptions apply.

Further, it is well established that political subdivisions in Ohio are immune from intentional

torts (such as claims for intentional infliction of emotional distress) under Ohio Revised Code §

2744.02. Wilson v. Stark Cty. Dept. of Human Servs., 639 N.E.2d 105, 107 (1994); Hout v. City of

Mansfield, 550 F. Supp. 2d 701, 744 (N.D. Ohio 2008) (“Ohio courts have held that political

subdivisions are entitled to immunity under § 2744.02 for the intentional torts committed by their

employees.”) (collecting cases).

For these reasons, Fairview Park is entitled to immunity from Bowman’s claims of

intentional infliction of emotional distress and negligence and judgment on the pleadings in

Fairview Park’s favor on these claims is warranted.

B. Officers Thompson and Calabrese

Ohio Revised Code § 2744.03(A)(6) provides immunity from liability to employees of

political subdivisions. By its terms, Section 2744.03(A)(6) operates as a presumption of immunity.

See Cook v. Cincinnati, 658 N.E.2d 814, 821 (Ohio Ct. App. 1995). Officers Thompson and

12

Calabrese, in their individual capacities, as employees of Fairview Park, are presumed to qualify for

immunity under Ohio Rev. Code § 2744.03(A) for damages allegedly caused by any act or

omission in connection with a governmental or propriety function. This presumption is overcome,

however, if one of three exceptions enumerated in § 2744.03(A)(6) applies: (1) the employee’s acts

or omissions were manifestly outside the scope of the employee’s employment or official

responsibilities; (2) the employee’s acts or omissions were with malicious purpose, in bad faith, or

in a wanton or reckless manner; or (3) liability is expressly imposed upon the employee by a section

of the Revised Code.

As an initial matter, Officers Thompson and Calabrese are entitled to immunity on

Bowman’s negligence claim because Ohio law is clear that employees of political subdivision

cannot be held personally liable for mere negligence. Fabrey, 639 N.E.2d at 36. See also Shevlin v.

Cheatham, 211 F. Supp. 2d 963, 973 (S.D. Ohio 2002) (“Pursuant to [Ohio Rev. Code

2744.03(A)(6)], a police officer cannot be held personally liable for mere negligence, but only for

actions that fall into one of the . . . statutory exceptions to the immunity.” (citing Fabrey)).

Further, Officers Thompson and Calabrese are entitled to immunity on Bowman’s claim of

intentional infliction of emotional distress because none of the exceptions enumerated in Section

2744.03(A)(6) apply. First, Bowman does not contend that either Officer Thompson or Officer

Calabrese caused him injury by acting outside the scope of their employment. Second, Bowman

does not cite to any section of the Ohio Revised Code that expressly imposes liability on Officer

Thompson or Officer Calabrese. Third, Bowman has not alleged sufficient facts to show that either

Officer Thompson or Officer Calabrese acted with a malicious purpose, in bad faith or in a wanton

or reckless manner during the traffic stop or arrest. The allegations in Bowman’s Complaint consist

13

of nothing more than a threadbare recital of the elements. Bowman’s convictions stand to support

the reasonableness of his arrest and Bowman has not alleged any facts that suggest either Officer

Thompson or Officer Calabrese intentionally caused him emotional distress, let alone that they did

so with a malicious purpose, in bad faith or in a wanton or reckless manner.

For these reasons, Officer Thompson and Officer Calabrese are entitled to immunity on

Bowman’s state-law claims of intentional infliction of emotional distress and negligence. Judgment

on the pleadings in Officer Thompson and Officer Calabrese’s favor is warranted as to these claims.

CONCLUSION

For the foregoing reasons, the Fairview Park Defendants’ motion is GRANTED. Judgment

on the pleadings is hereby entered in favor of the Fairview Park Defendants on all claims brought

against them in the Complaint.

IT IS SO ORDERED.

/s/ Patricia A. Gaughan

PATRICIA A. GAUGHAN

Dated: 4/17/24 United States District Judge

14