Jones v. City of Elyria, Ohio et al

Filing 52

Order signed by Judge James S. Gwin on 2/10/2020. In light of the Sixth Circuit mandate, the Court grants summary judgment in favor of defendant Officer Mitchell on the Fourth Amended false arrest claim, the state law false arrest claim, and the Fourth Amendment excessive force claim and lifting Stay. IMPORTANT: Status Conference set for 3/11/2020 at 10:00 AM in Chambers 18A. (S,KM)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF OHIO
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CODY JONES,
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Plaintiff,
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vs.
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CITY OF ELYRIA, OHIO, et al.
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Defendants.
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Case No. 1:18-cv-00929
OPINION & ORDER

JAMES S. GWIN, UNITED STATES DISTRICT JUDGE:
Plaintiff Cody Jones sues City of Elyria Police Officers Anthony Weber, Nicholas
Chalkley, and Paige Mitchell (collectively, the “Officer Defendants”); Elyria Police
Department Chief Duane Whitely; and the City of Elyria, Ohio. 1 On November 8, 2018,
the Court granted in part and denied in part Defendants’ motion for summary judgment,
allowing the bulk of the claims against the Officer Defendants to proceed to trial. 2 The
Officer Defendants interlocutory appealed. 3
On January 17, 2020 the Sixth Circuit Court of Appeals issued its opinion in this
case. 4 The Court of Appeals affirmed in part and reversed in part this Court’s judgment
regarding the qualified immunity of the Officer Defendants. 5 Specifically, the Court of
Appeals disagreed with this Court’s denial of qualified immunity for Officer Mitchell on
three counts. 6
On February 10, 2020, the Sixth Circuit Court of Appeals issued a mandate in

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Doc. 29.
Doc. 47.
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Doc. 48.
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Doc. 51.
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5
6

Id.
Id.

Case No. 1:18-cv-00929
Gwin, J.

accordance with its decision in this matter.
In light of the Sixth Circuit’s mandate, the Court GRANTS summary judgment in
favor of Officer Mitchell on the Fourth Amendment false arrest claim, the state law false
arrest claim, and the Fourth Amendment excessive force claim. The remaining claims
against the Officer Defendants will proceed to trial in accordance with this Court’s original
summary judgment order.
On January 15, 2019, this Court entered a stay in the case pending the outcome of
the Defendants’ appeal. 7 The stay in this matter is hereby lifted.
IT IS SO ORDERED.

s/

Dated: February 10, 2020

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Doc. 50.

James S. Gwin

JAMES S. GWIN
UNITED STATES DISTRICT JUDGE

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