Chana Wiley v. City of Columbus

RECOMMENDED FOR PUBLICATION

Pursuant to Sixth Circuit I.O.P. 32.1(b)

File Name: 22a0117p.06

UNITED STATES COURT OF APPEALS

FOR THE SIXTH CIRCUIT

┐

CHANA WILEY,

│

Plaintiff-Appellant, │

> No. 21-3615

│

v. │

│

CITY OF COLUMBUS, OHIO; DARREN STEPHENS, │

RICHARD SHAFFNER, and KYLE ANDREWS, in their │

individual and official capacities, │

Defendants-Appellees. │

┘

Appeal from the United States District Court for the Southern District of Ohio at Columbus.

No. 2:17-cv-00888—James L. Graham, District Judge.

Decided and Filed: June 2, 2022

Before: SILER, KETHLEDGE, and READLER, Circuit Judges.

_________________

COUNSEL

ON BRIEF: John S. Marshall, MARSHALL AND FORMAN LLC, Columbus, Ohio, for

Appellant. Michael R. Halloran, CITY OF COLUMBUS DEPARTMENT OF LAW, Columbus,

Ohio, for Appellees.

_________________

OPINION

_________________

SILER, Circuit Judge. Chana Wiley (“Wiley”), as Administratrix for the estate of Jaron

Thomas (“Thomas”), appeals the district court’s order granting summary judgment in favor of

the City of Columbus and some law enforcement officers, for allegedly using excessive force on

Thomas resulting in his death. We AFFIRM.

No. 21-3615 Chana Wiley v. City of Columbus Page 2

I.

Factual Background. In 2017 in Columbus, Thomas called 911 requesting medical

assistance. He told the dispatcher that he had used cocaine, believed he might be overdosing

from cocaine, was hallucinating, that his heart was beating intensely, and that he feared he would

be shot. Columbus law enforcement (“CDP”) and Mifflin Township paramedics were

dispatched to the address provided by Thomas.

The first officer on the scene, Defendant Officer Chase Pinkerman, arrived five minutes

after Thomas’s 911 call. Following Pinkerman, paramedics Kyle Gibson and Joshua Burke

arrived nearby and began preparing to administer medical aid once CDP ensured the safety of the

scene. When dispatched to a suspected overdose it is customary for law enforcement to secure

the scene before paramedics enter and treat the potential patient. Paramedics wait for law

enforcement to give them an all clear because going into an overdose situation immediately can

be dangerous, particularly when a 911 caller states he has been shot.

Pinkerman approached the door of the residence under the belief that someone inside

may be overdosing and/or shot. With his gun drawn Pinkerman knocked on the door and heard

what sounded like a male yelling and someone falling down a flight of steps. The door burst

open, and Thomas came screaming past Pinkerman from within the house and ran into the front

lawn before falling to the ground. When Pinkerman ordered Thomas to stay on the ground and

put his hands up, he did not comply. Thomas then stood up, ran toward the street, continued

disobeying orders to stop and show his hands, and then fell once more to the ground. He started

“violently rolling around and sporadically contorting his body.” Pinkerman was unsure if this

was the man that had called 911, but he did think the individual was overdosing on drugs.

At this point Thomas once again got to his feet and continued running, so Pinkerman

gave chase and when Thomas fell for a third time Pinkerman fell on top of him to restrain him.

With Thomas on the ground Pinkerman attempted to subdue him but Thomas actively resisted.

Pinkerman managed to secure Thomas’s left wrist in handcuffs but could not secure his right

wrist. At this time CDP Officer Darren Stephens arrived to assist Pinkerman who was being

No. 21-3615 Chana Wiley v. City of Columbus Page 3

thrown back and forth by a resistant Thomas. Stephens jumped into the scrum to assist

Pinkerman, but Thomas continued to “aggressively resist[].”

While Pinkerman and Stephens tried to restrain Thomas, Defendant CDP Officer Michael

Alexander arrived at the scene. When Alexander arrived, Thomas was “kicking . . . squirming,

[and] moving around,” which prompted him to intervene and assist with the effort to restrain

Thomas. Alexander grabbed Thomas’s legs, crossed his ankles, and folded his legs at the knee

toward Thomas’s buttocks in a restraint technique called the “maximum resistor” maneuver. The

purported purpose of the maximum resistor technique is to control the legs of an individual when

that individual is kicking and using his lower-body weight to resist law enforcement. It is a

trained technique. Maximum resistor is not the same as hog-tying. Thomas continued trying to

pull away from the three CDP officers, so Pinkerman delivered a knee strike to Thomas’s

abdomen. At this stage Thomas’s right wrist was finally handcuffed such that both hands were

cuffed behind his back.

Alexander let go of Thomas’s legs, and the three officers stood him up. Thomas

continued to flail his upper body, but the officers tried to walk him to the police cruiser nearby

and they signaled to paramedics to enter the scene. Wiley does not claim the use of physical

force by law enforcement up to this point in time constituted excessive force. Wiley’s claims are

limited to the subsequent interaction between Thomas and CDP Officers.

After Thomas was upright and handcuffed, he continued being uncooperative and

combative with Pinkerman, Stephens, and Alexander. Alexander testified that Thomas was

“kicking [and] dropping his body weight” and Pinkerman testified that he was “kicking to the

front, kicking to the back . . . [and] trying to get away from our control.” Because of Thomas’s

ongoing resistance, and the danger he posed to those around him, the officers laid him back on

the ground for a second time. CDP Officers Kyle Andrews and Richard Shaffner arrived to

assist Pinkerman, Stephens, and Andrews.

Once Thomas was returned to the ground in the prone position, Alexander went to his

police cruiser to retrieve a hobble strap to secure Thomas’s feet. A hobble strap “is a black

nylon strap that goes around the ankles and attaches to the handcuffs.” State v. Davis,

No. 21-3615 Chana Wiley v. City of Columbus Page 4

No. 99AP-1428, 2000 Ohio App. LEXIS 4429, at *5 (Ohio Ct. App. Sep. 28, 2000). The

purpose of a hobble strap is to control an individual’s feet and restrict his ability to kick. The

concern remained that Thomas was overdosing and required immediate medical attention, but so

long as Thomas continued kicking paramedics could not safely treat him. Alexander explained

his reasoning for going to get the hobble strap: “We can’t get him medical attention until he is

cooperating. If he’s not going to cooperate himself, then we have to make sure that he’s not

going to kick a medic, he’s not going to kick us.”

While waiting for Alexander to return with the hobble strap, Andrews crossed Thomas’s

legs, bent them at the knee, and placed Thomas’s legs against his buttocks by, once again,

employing the maximum resistor technique. To prevent Thomas from kicking, Andrews leaned

some of his body weight onto Thomas’s legs. Shaffner held Thomas’s handcuffs and applied his

left knee to Thomas’s lower back/hip area above the buttocks to control Thomas’s hips and keep

him on the ground. Opposite of Shaffner, Stephens was on Thomas’s right side with his knees

against Thomas’s shoulder to inhibit his movements. According to the officers, they sought to

restrain Thomas while Alexander retrieved the hobble strap, which could then be applied as a

replacement for the physical restraint imposed by the maximum resistor technique. As before,

the goal of Andrews, Shaffner, and Stephens was to restrain Thomas to permit paramedics to

safely enter the scene and treat Thomas for an overdose.

Thomas was kept in this position for approximately ninety seconds while Alexander

looked for a hobble strap. During this time Thomas stopped resisting and Andrews and Shaffner

noticed that his breathing slowed. Thomas was then rolled onto his side. Alexander returned

with the hobble strap, but it was not needed as Thomas no longer resisted.

Paramedics Kyle Gibson and Joshua Burke arrived as Thomas was being rolled onto his

side. Notably, in a statement given after January 14, 2017, Gibson stated that “one of the

officers had his knee on the back to keep the patient from resisting.” When asked about this later

in his deposition, Gibson could not recall what he saw regarding an officer placing a knee on

Thomas’s back, nor did he comment on where the knee may have been placed precisely, if at all.

Wiley draws attention in her brief to Gibson’s reference to “a knee on [Thomas’s] back” to

No. 21-3615 Chana Wiley v. City of Columbus Page 5

support the assertion that a knee was pressed on Thomas’s back and caused asphyxia ultimately

leading to his death.

Once paramedics Gibson and Burke were close to Thomas, they observed him seemingly

conscious, breathing infrequently, and mumbling. Gibson surmised that Thomas was overdosing

from opiates; he also noticed Thomas’s “pinpoint pupils” as “a telltale sign [of] opiates.”

Realizing the seriousness of Thomas’s condition, paramedics loaded him onto a cot and

administered Narcan to increase his respiratory rate. At 12:02 a.m. paramedics deemed Thomas

to be in a stable, non-life-threatening condition, but four minutes later he stopped breathing and

went into cardiac arrest. Twelve minutes later paramedics were able to obtain a return of

spontaneous circulation to Thomas’s heart.

Thomas arrived at the hospital in critical condition; he had subtle respiratory motion but

continued to convulse. The treating physician ordered a drug screen that tested positive for

marijuana, cocaine, and opiates. Thomas never regained consciousness and died nine days later.

Thomas’s cause of death was determined by the county coroner to be “anoxic

encephalopathy” resulting from cardiac arrest, which was caused by “cocaine induced delirium.”

Wiley’s medical expert, Dr. Francisco Diaz, disputed the coroner’s reported cause of death. Dr.

Diaz concluded that Thomas’s death was cardiac arrest caused by “forcible restraint that

precluded adequate breathing.”

Procedural Background. Wiley sued in the United States District Court for the Southern

District of Ohio in 2017, seeking civil damages. Wiley named the following defendants: the

City of Columbus and Columbus Division of Police officers Michael Alexander, Richard

Shaffner, Kyle Andrews, Darren Stephens, and Chase Pinkerman. Wiley sought relief for claims

of: (1) excessive use of force in violation of the Fourth and Fourteenth Amendments, pursuant to

42 U.S.C § 1983; (2) wrongful death in violation of Ohio Rev. Code § 2125.02; (3) gross

negligence; and (4) loss of consortium. The district court granted the defense motion for

summary judgment.

No. 21-3615 Chana Wiley v. City of Columbus Page 6

II.

We review a district court’s grant of summary judgment de novo. Miller v. Maddox,

866 F.3d 386, 389 (6th Cir. 2017); Latits v. Phillips, 878 F.3d 541, 547 (6th Cir. 2017). Issues of

qualified immunity are also reviewed de novo. Heyne v. Metro. Nashville Pub. Schs., 655 F.3d

556, 562 (6th Cir. 2011). “Summary judgment is appropriate ‘if the movant shows that there is

no genuine dispute as to any material fact and the movant is entitled to judgment as a matter of

law.’” Maddox, 866 F.3d at 389 (quoting Fed. R. Civ. P. 56(a)). The moving party is

responsible for showing no genuine dispute of material fact, and the nonmoving party “must

present ‘significant probative evidence’ that will reveal that there is more than ‘some

metaphysical doubt as to the material facts.’” Id. (citation omitted).

III.

This case presents the court review of a grant of summary judgment on four claims

rooted in United States constitutional law and Ohio state law. The crux of these claims is

whether the physical force used by CDP officers to restrain Thomas once he was placed on the

ground for a second time rose to an abuse of Thomas’s clearly established rights. It did not.

Wiley first challenges the district court’s conclusion that no genuine dispute of material

fact exists in the case and argues that reasonable inferences were not made in her favor. The

dispute raised by Wiley is whether Officers Andrews and Shaffner applied substantial pressure to

Thomas’s upper back while he was in the prone position and on the ground for a second time.

According to Wiley, a knee was placed on Thomas’s upper back, and it contributed to positional

asphyxia that caused his death. The officers argue that a knee was not placed on Thomas’s upper

back but was placed on his lower back/hip area to restrain him and make the scene safe for

paramedics. The district court found “no record evidence that either Andrews or Shaffner

applied any pressure to Thomas’s mid or upper back, chest, or torso while he was lying on the

ground.” Wiley also suggests that the conflicting cause of death reports presents a genuine issue

of material fact, but the district court expressly concluded that it need not address that issue to

grant summary judgment to the defendants. We agree.

No. 21-3615 Chana Wiley v. City of Columbus Page 7

Wiley relies on the initial statements from Paramedic Kyle Gibson and a photograph of a

bruise on Thomas’s upper back to claim that it is a reasonable inference that an officer placed a

knee on Thomas’s upper back and caused his death from positional asphyxia. Gibson gave an

initial statement to an unidentified detective that night. Gibson told the detective that when CDP

officers gave paramedics the okay to approach and administer treatment to Thomas that as “[he]

approached, one of the officers had his knee on the back to keep the patient from resisting.” In a

later deposition, Gibson stated that he did not have a present recollection of seeing an officer

with a knee on Thomas’s back. Even construing this testimony in the light most favorable to

Wiley, it is unclear whether Gibson saw an officer placing a knee on Thomas’s upper back, mid

back, or lower back. Officer Shaffner gave sworn testimony that he placed his knee on

Thomas’s lower back/hip area to control him. It is reasonable to infer that Gibson observed

Shaffner’s knee on Thomas’s lower back/hip area just as Shaffner stated under oath.

As for the bruise, Wiley suggests that a jury could reasonably infer it was caused by an

officer placing a knee on Thomas’s upper back. This is where the line between speculation and

inference is drawn. Following Thomas’s 911 call there were numerous opportunities for a bruise

to be inflicted on his back.

Pinkerman said he heard what sounded like someone screaming and falling down a flight

of stairs before the door burst open and Thomas ran out of the residence. Once outside Thomas

fell on the ground many times, often violently, and when he fell in the street Pinkerman fell on

top of him to subdue him. Thomas then struggled, kicked, swung his arms, and otherwise

resisted the force of officers trying to restrain him. At one point, Thomas was punched and

received a knee strike. Wiley does not claim these actions were excessive, but Wiley does ask

the court to ignore them as potential sources of the bruise on Thomas’s upper back. Wiley has

not presented sufficient evidence that the bruise resulted from Shaffner’s knee any more than

Wiley has presented evidence that the bruise was not the result of Thomas’s many physical

impacts that night. This is inadequate for a jury to reasonably infer that Shaffner placed a knee

on Thomas’s upper back.

The analysis turns to the merits of Wiley’s claims. Wiley sued Defendants, in both their

individual and official capacities, for allegedly applying excessive force to Thomas in their

No. 21-3615 Chana Wiley v. City of Columbus Page 8

attempt to restrain him. Wiley further alleges that the use of excessive force caused Thomas to

lose consciousness, asphyxiate, and die nine days later. Wiley also claims that the City of

Columbus is liable for the officers’ actions. In turn Wiley named the City of Columbus as a

Defendant. Wiley’s claims are aimed specifically at “[t]he Defendant Officers directly involved

in the fatal segment[,] . . . Kyle Andrews, Richard Shaffner, and Darren Stephens.”

At oral argument before the district court Wiley clarified that she is pursuing claims for

the following: “1) Andrews’s use of the maximum resistor position once Thomas was placed on

the ground for the second time; 2) Shaffner’s alleged use of his knee on Thomas’s upper back

while he was lying face first on the ground, compromising his ability to breathe; and

3) Stephens’ alleged failure to intervene.”

Wiley’s excessive use of force claim is brought pursuant to 42 U.S.C. § 1983 and alleges

violations of the Fourth and Fourteenth Amendments. In response Andrews, Shaffner, and

Stephens assert the affirmative defense of qualified immunity, which “protects government

officials ‘from liability for civil damages insofar as their conduct does not violate clearly

established statutory or constitutional rights of which a reasonable person would have known.’”

Pearson v. Callahan, 555 U.S. 233, 231 (2009) (quoting Harlow v. Fitzgerald, 457 U.S. 800,

818 (1982)). Qualified immunity is a question of law resolved by courts. Everson v. Leis, 556

F.3d 484, 494 (6th Cir. 2009). The qualified immunity question turns on “(1) whether the officer

violated the plaintiff’s constitutional rights under the Fourth Amendment; and (2) whether that

constitutional right was clearly established at the time of the incident.” Est. of Hill ex. Rel. Hill

v. Miracle, 853 F.3d 306, 312 (6th Cir. 2017) (citation omitted). If either inquiry is answered in

the negative, then qualified immunity protects the officer. Goodwin v. City of Painesville,

781 F.3d 314, 321 (6th Cir. 2015). The plaintiff bears the burden of demonstrating a

constitutional violation and a clearly established right at the time of the incident. Hart v.

Hillsdale County., 973 F.3d 627, 635 (6th Cir. 2020). When multiple defendants are named then

§ 1983 liability is analyzed individually based on an officer’s own actions. Binay v. Bettendorf,

601 F.3d 640, 650 (6th Cir. 2010).

We turn to whether the law as of January 14, 2017, was clearly established that the

techniques used by Andrews and Shaffner could not be applied under the circumstances they

No. 21-3615 Chana Wiley v. City of Columbus Page 9

used them. “‘Clearly established’ means that, at the time of the officer’s conduct, the law was

‘sufficiently clear’ that every ‘reasonable official would understand that what he is doing’ is

unlawful.” District of Columbia v. Wesby, 138 S. Ct. 577, 589 (2018) (citation omitted). “Use

of excessive force is an area of the law ‘in which the result depends very much on the facts of

each case,’ and thus police officers are entitled to qualified immunity unless existing precedent

‘squarely governs’ the specific facts at issue.” Kisela v. Hughes, 138 S. Ct. 1148, 1153 (2018)

(per curiam) (citation omitted). “The rule’s contours must be so well defined that it is ‘clear to a

reasonable officer that his conduct was unlawful in the situation he confronted.’” Wesby, 138

S. Ct. at 590 (quoting Saucier v. Katz, 533 U.S. 194, 202 (2001)). The plaintiff bears the burden

of showing that a right is clearly established. Barrett v. Steubenville City Schs., 388 F.3d 967,

970 (6th Cir. 2004). Here Wiley relies on three cases to show that the actions of Andrews and

Shaffner violated a clearly established right. However, Wiley does not meet her burden. The

cases Wiley relies on do not demonstrate that CDP officers violated a clearly established right

because the cases are not analogous to the facts here.

Wiley argues that Champion v. Outlook Nashville, Inc. “clearly established that putting

substantial or significant pressure on a suspect’s back while that suspect is in a face-down prone

position after being subdued and/or incapacitated constitutes excessive force.” 380 F.3d 893,

903 (6th Cir. 2004). Champion is distinguishable because in that case Champion was face down,

handcuffed, and bound at the ankles by a hobble strap. Id. at 897. Witnesses testified that

officers sat on his back while he was prone on the ground. Id. at 897–98. Also, Champion was

no longer resisting, and officers continued putting weight on his back. Id. at 903. In this case

Thomas consistently resisted efforts to be restrained and he was not yet hobbled. Shaffner

testified that he did not put pressure on Thomas’s chest or breathing cavity, and no evidence

rebuts this testimony. Champion fails to demonstrate that the actions of Andrews and Shaffner

violated a clearly established right.

Next Wiley argues that Martin v. City of Broadview Heights clearly establishes a right

against the force used on Thomas. 712 F.3d 951 (6th Cir. 2013). In Martin a mentally unstable

individual that displayed no risk to others was subdued through severe force by law enforcement.

This court found in Martin that the level of force used did not match the threat Martin presented.

No. 21-3615 Chana Wiley v. City of Columbus Page 10

Id. at 958–59. Officers lay on Martin, fell on him, dropped a knee into his side, punched his face

and torso repeatedly, wrapped his pelvis area with one officer’s legs and then gripped his chin

and neck, and kneeled on his calves. Id. In Martin there was little safety risk to others and the

officers applied compressive body weight to his chest. Id. at 959. In this case Thomas presented

a safety risk to officers, paramedics, and himself. Officers here also did not apply compression

to Thomas’s chest, whereas at one point three officers were on top of Martin. Id. The facts in

the instant case are distinguishable; Martin does not offer a clearly established right against the

measures used to restrain Thomas nor is it applicable to the circumstances presented by

Thomas’s combative behavior.

Finally, Wiley relies upon Griffith v. Coburn, but it is not persuasive. 473 F.3d 650 (6th

Cir. 2007). In Griffith officers used an unprovoked neck restraint tactic. Id. at 653, 657–58.

There is no allegation of a similar tactic being used on Thomas; therefore, Griffith does not

demonstrate a clearly established right relevant to this case.

Wiley cannot meet her burden of demonstrating a clearly established right as of January

14, 2017, prohibiting the use of the techniques used by Andrews and Shaffner on Thomas under

the circumstances of his erratic and combative behavior. Because Wiley cannot show that

Thomas had a clearly established right against the type of force that was used, the officers are

entitled to qualified immunity

Wiley also names the City of Columbus as a Defendant in her § 1983 claims.

Specifically, Wiley makes two allegations: (1) that the actions of Officers Andrews and Shaffner

were ratified after-the-fact by the Chief of Police for the City of Columbus; and (2) the City of

Columbus has a custom of tolerating or acquiescing to federal rights violations.

A municipality is only liable under § 1983 “if the plaintiff demonstrates that the injury

suffered was a direct result of the city’s official policy or custom.” Slusher v. Carson, 540 F.3d

449, 456 (6th Cir. 2008). To support Wiley’s claims, she must demonstrate 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

No. 21-3615 Chana Wiley v. City of Columbus Page 11

acquiescence of federal rights violations.” Burgess v. Fischer, 735 F.3d 462, 478 (6th Cir.

2013).

Wiley argues that the Chief of Police ratified illegal actions by not disciplining Andrews

and Shaffner. An internal investigation was conducted, and it was found that the officers did not

violate CDP policy when they used force on Thomas. To prevail in this claim Wiley must show

a custom of similar incidents such that ratification of those incidents establishes acquiescence.

See Burgess, 735 F.3d at 479). Wiley does not offer record evidence to demonstrate this claim.

Wiley only points to one prior instance where Andrews and Shaffner were disciplined for how

they transported a detainee on a gurney. This is not adequate because the prior conduct must be

like the instant case. Burgess, 735 F.3d at 478.

The City of Columbus is entitled to summary judgment because Wiley cannot

demonstrate that Thomas suffered an injury due to the city’s official policy or custom.

Wiley also brings Ohio state-law claims against Defendants for wrongful death, in

violation of Ohio Rev. Code § 2125.02, gross negligence, and loss of consortium. These claims

rest on the actions of the officers when Thomas was placed on the ground the second time and

whether these claims hold merit depends upon the reasonableness of the use of force at that time.

“When federal qualified immunity and Ohio state-law immunity under Ohio Rev. Code

§ 2744.03(A)(6) rest on the same questions of material fact, we may review the state-law

immunity defense ‘through the lens of federal qualified immunity analysis.’” Wright v. City of

Euclid, 962 F.3d 852, 878 (6th Cir. 2020) (quoting Hopper v. Plummer, 887 F.3d 744, 759 (6th

Cir. 2018)). Having found the actions of CDP officers shielded by federal qualified immunity,

the same protection extends to Ohio state-law claims. Even if federal qualified immunity is not

found, then Defendants are still shielded from liability under Ohio state-law immunity.

Employees of a political subdivision are presumptively immune from liability under Ohio

Rev. Code § 2744.03(A)(6). Cook v. City of Cincinnati, 658 N.E.2d 814, 820–̶21 (Ohio Ct. App.

1995); Howse v. Hodous, 953 F.3d 402, 410 (6th Cir. 2020). Presumptive immunity is not

applicable if any of the following apply: “(a) the employee’s acts or omissions were manifestly

outside the scope of the employee’s employment or official responsibilities; (b) the employee’s

No. 21-3615 Chana Wiley v. City of Columbus Page 12

acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;

or (c) civil liability is expressly imposed upon the employee by a section of the Revised Code.

Ohio Rev. Code § 2744.03(A)(6)(a–c).

It is the plaintiff’s burden to demonstrate how an employee’s actions warrant a loss of

immunity. See Cook, 658 N.E.2d at 820–21. Here Wiley only alleges gross negligence. Under

Ohio law gross negligence is defined as wanton or reckless conduct. Mohat v. Horvath,

No. 2013-L-009, 2013-Ohio-4290, 2013 Ohio App. LEXIS 4516, ¶ 23 (Ohio Ct. App. Sept. 30,

2013). “Wanton misconduct is the failure to exercise any care toward those to whom a duty of

care is owed in circumstances in which there is great probability that harm will result.”

Anderson v. City of Massillon, 983 N.E.2d 266, 273 (Ohio 2012). “Reckless conduct is

characterized by the conscious disregard of or indifference to a known or obvious risk of harm to

another that is unreasonable under the circumstances and is substantially greater than negligent

conduct.” Id. Wiley presented no evidence that the officers acted with this state of mind.

Defendant officers are immune to Wiley’s state law claims under Ohio Rev. Code

§ 2744.03(A)(6).

IV.

The district court did not err in granting Defendants’ Motion for Summary Judgment.

AFFIRMED.