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Shanaberg v. Licking County, Ohio

United States Court of Appeals, Sixth Circuit

August 23, 2019

Ty Shanaberg, Plaintiff-Appellant,
v.
Licking County, Ohio, et al., Defendants-Appellees.

          Argued: June 27, 2019

          Appeal from the United States District Court for the Southern District of Ohio at Columbus. No. 2:16-cv-01209-George C. Smith, District Judge.

         ARGUED:

          Adam M. Schwartz, HAVENS LIMITED, Columbus, Ohio, for Appellant.

          Stephanie L. Schoolcraft, FISHEL DOWNEY ALBRECHT RIEPENHOFF, LLP, New Albany, Ohio, for Appellees.

         ON BRIEF:

          Adam M. Schwartz, HAVENS LIMITED, Columbus, Ohio, for Appellant.

          Stephanie L. Schoolcraft, Daniel T. Downey, FISHEL DOWNEY ALBRECHT RIEPENHOFF, LLP, New Albany, Ohio, for Appellees.

          Before: ROGERS, GRIFFIN, and NALBANDIAN, Circuit Judges.

          OPINION

          GRIFFIN, CIRCUIT JUDGE

         A report of a drunk driver, a mistaken identity, and an aggressive refusal to comply with repeated commands to lie down led to Defendant Deputy Brian Stetson's tasing Plaintiff Ty Shanaberg. Shanaberg sued Stetson and others pursuant to 42 U.S.C. § 1983. The district court granted summary judgment in favor of Stetson based on qualified immunity and summary judgment in favor of the other defendants on other grounds. Plaintiff Shanaberg now appeals and we affirm.

         I.

         Early one winter morning in 2015, police received a report of a drunk driver. The caller provided the vehicle's license-plate number. When dispatch ran the plate, the database reported the vehicle as stolen. The suspect's name also came back: Brandon Scott Powell. Powell was allegedly "armed and dangerous."

         Responding to this information, the Licking County Sheriff's Office sent three deputies after the suspected drunk driver. Using the caller's frequent updates on the vehicle's location, the deputies tracked it down in just a few minutes. ...


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