# Penwell v. Taft Broadcasting Co.

> Ohio Court of Appeals · March 19, 1984 · 13 Ohio App. 3d 382

URL: https://www.frixlaw.com/law-library/cases/3744182

## Case

- **Full name:** Penwell, Appellant, v. Taft Broadcasting Co. Et Al., Appellees
- **Court:** Ohio Court of Appeals
- **Decided:** March 19, 1984
- **Citations:** 13 Ohio App. 3d 382; 13 Ohio B. 466; 469 N.E.2d 1025; 10 Media L. Rep. (BNA) 1550; 1984 Ohio App. LEXIS 11214
- **Precedential status:** Published
- **Opinion:** Concurrence by Hendrickson
- **Judges:** Koehler, Jones, Hendrickson
- **Cited by:** 17 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3744182

## Opinion text

Hendrickson, P.J.,
concurring. I concur with the majority in case No. CA83-07-014. Also, I concur in the judgment in case No. CA83-07-015 on the basis that summary judgment is not applicable since there is a question of fact which must be resolved. However, at this stage of the proceedings, I cannot accept the premise that the failure to file charges against the appellant provides the basis for an inference that the claim of misconduct on the part of appellant is a sham. After all, the case has not been tried and we do not know what additional evidence, if any, will be introduced. Nevertheless, we should recognize that when someone refuses to obey an order during the arrest of such a large number of people, the failure to cooperate may, upon the spur of the moment, be considered to be more serious than it appears upon review at a later date. Therefore, if we cast such reflection upon law enforcement agencies, we will discourage them from either doing justice at a later date by correcting their mistakes, or giving someone a “break” if the circumstances warrant such action.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3744182. Public record. Not legal advice.