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S.L. v. Pierce Township Board of Trustees

United States Court of Appeals, Sixth Circuit

November 17, 2014

S.L., a minor, by and through his guardian and next friend K.L.; K.L., individually and on behalf of all others similarly situated, Plaintiffs-Appellants,
v.
PIERCE TOWNSHIP BOARD OF TRUSTEES, et al., Defendants, RICHARD ROE, et al., Plaintiffs, THOMAS G. DELGRANDE; EDWARD S. BARTLEY, aka Shawn Bartley, aka E. Shawn Bartley, individually and on behalf of all others similarly situated, Defendants-Appellees

Argued July 30, 2014.

Appeal from the United States District Court for the Southern District of Ohio at Cincinnati. No. 1:07-cv-00986--. Timothy S. Black, District Judge.

ARGUED:

Curt C. Hartman, THE LAW FIRM OF CURT C. HARTMAN, Amelia, Ohio, for Appellants.

Frank H. Scialdone, MAZANEC, RASKIN & RYDER CO., L.P.A., Cleveland, Ohio, for Appellees.

ON BRIEF:

Curt C. Hartman, THE LAW FIRM OF CURT C. HARTMAN, Amelia, Ohio, for Appellants.

Frank H. Scialdone, MAZANEC, RASKIN & RYDER CO., L.P.A., Cleveland, Ohio, for Appellees.

Before: SILER, BATCHELDER, and DONALD, Circuit Judges.

OPINION

Page 957

ALICE M. BATCHELDER, Circuit Judge.

S.L., a minor, by and through his guardian K.L., and K.L. individually (" Appellants" ), appeal the district court's summary judgment orders for Defendants-Appellees Edward (" Shawn" ) Bartley and Thomas DelGrande. We AFFIRM.

I.

On December 4, 2006, Pierce Township Police Officer David Homer responded to a call made by S.L.'s mother. Homer " smelled smoke" upon entering S.L.'s house and S.L.'s mother reiterated that her teenage son had been setting fires in the house after an argument between the two had escalated. She said that she had found smoldering Popsicle sticks in her son's bedroom, which she thought may have been her son's attempt to cast a " black magic" spell. Homer then entered S.L.'s bedroom. Although the Popsicle sticks were not visible, S.L. allegedly admitted that he had " set some popsicle sticks on fire and they went out after I left the room." When asked by Homer whether he was afraid that the house might catch fire, S.L. responded, " I really don't care. I don't want to be here." Homer then arrested S.L. for aggravated arson and transported him to the Clermont County Juvenile Detention Center (" Detention Center" ). Thomas G. DelGrande was the superintendent of the Detention Center.

Page 958

Upon arriving at the Detention Center, Homer prepared a complaint charging S.L. as a delinquent child based on the felony charge of aggravated arson, and turned over custody of S.L. to Detention Center " Youth Leader" Shawn Bartley. Clermont County Juvenile Court Judge Stephanie A. Wyler had appointed Bartley as " Youth Leader" and deputy clerk. The appointment as clerk authorized Bartley to sign a complaint, and Bartley did sign the complaint prepared by Homer, attesting that Homer had taken an oath in his ...


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