In the case Black v. Hicks, 2020-Ohio-3976, 2020 Ohio App. LEXIS 2869, an Ohio appellate court found that in a 42 U.S.C.S. § 1983 case, it was not error to find appellants vicariously liable for a police officer’s misconduct under Monell. While the officer was off duty, wearing plain clothes, and driving an unmarked car at the time of plaintiff’s arrest, he was acting under color of state law when he arrested, assaulted, and detained appellee. The police officer arrested appellee without probable cause and used excessive force against him, and the police department had an unwritten custom and practice of using violence and arrests to intimidate people. The damages award was supported by the evidence, as there was competent, credible evidence that appellee was mentally and physically injured as a result of appellants’ actions, and appellants had filed neither a motion for new trial nor a motion for remittitur so that the trial court could consider their claim of excessive damages.
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Authors: Matthew John Markling and the McGown & Markling Team.
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