Larry Tawney, Jr. v. Portage County, Ohio, et al.

Whether a trial court properly dismisses, as a matter of law, pursuant to Rule 56(c), F.R.C.P., a plaintiff’s complaint wherein the plaintiff seeks compensation for claims under 42 U.S.C. § 1983 for violations of his Eighth Amendment rights against various defendants, a Monell claim against the county, and a state law claim for intentional infliction of emotional distress against 25 defendants. In one fashion or another, all of these claims concerned a rather brutal beating experienced by Plaintiff while in the custody of the Portage County Jail. Summary judgment was granted based upon the District Court’s finding that that no reasonable jury could conclude that the beating had actually occurred based upon video and photographic evidence presented. However, records from the jail called into question the accuracy of this evidence. Consequently, the District Court clearly relied upon a weighing exercise which is prohibited in summary judgment proceedings.