Jeffrey Mayle, et al v. Jerry Maloon, et al
OPINION filed: AFFIRMED; decision not for publication. Richard F. Suhrheinrich, Circuit Judge (AUTHORING); Eugene E. Siler , Jr., Circuit Judge and Raymond M. Kethledge, Circuit Judge.
NOT FOR RECOMMENDED FOR PUBLICATION
File Name: 14a0140n.06
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
JEFFREY MAYLE, MILDRED KOWELL,
JERRY L. MALOON, in both his official and
individual capacities; DAVID R. HUNT, in both )
his official and individual capacities;
Feb 18, 2014
DEBORAH S. HUNT, Clerk
ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE SOUTHERN
DISTRICT OF OHIO
BEFORE: SUHRHEINRICH, SILER, and KETHLEDGE, Circuit Judges.
SUHRHEINRICH, Circuit Judge. Jeffrey Mayle, Mildred Kowell, and the estate of
Jay Young (collectively “Plaintiffs”) appeal the district court’s judgment granting summary
judgment for defendants Jerry L. Maloon II, David R. Hunt, and Lisa Smith (collectively
“Defendants”) and dismissing Plaintiffs’ 42 U.S.C. §§ 1983 and 1985 civil rights case.
Plaintiffs claimed that Defendants violated their rights under the Fourth and Fourteenth
Amendments in obtaining warrants and seizing their property by deliberately including false
statements and omitting material facts in the affidavits used to obtain the warrants.
requested compensatory and punitive damages, as well as equitable relief.
After reviewing both parties’ motions for summary judgment, the district court granted
summary judgment for Defendants. The court decided that, viewed objectively, Plaintiffs did not
show that Defendants stated a deliberate falsehood or showed reckless disregard for the truth;
that the allegedly false or omitted information was material to the finding of probable cause; or
that Defendants omitted facts from the affidavit that were critical to the finding of probable
cause. Further, the court found that defendant Maloon was entitled to qualified immunity
because he did not participate in drafting or reviewing the warrant affidavits.
Plaintiffs raise the following issues on appeal:
Whether the trial court erred in deciding that Franklin County
Municipal Court Judge Anne Taylor’s testimony was irrelevant on the issue of
what evidence was material to probable cause and whether she would have
granted the search warrants if Defendants had not deliberately omitted
information in affidavits and had not made misrepresentations about other
Whether the trial court erred in holding that the omissions and
misrepresentations were irrelevant on the issue of probable cause and if relevant
were not material to a finding of probable cause.
Whether the trial court erred in holding that Assistant Attorney
General Maloon is not responsible for any material omissions or
misrepresentations in the affidavits for search warrants.
Having reviewed the parties briefs, the applicable law, and the record, and having heard
oral arguments, we conclude that the district court appropriately disposed of each of the issues
Plaintiffs raise before this court. Therefore, for the reasons stated in the district court’s opinion
dated March 29, 2013, we AFFIRM.
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