Gessner v. Saylors

1 Citing case

  1. Austin v. Ashcraft

    Civil Action 1:22-cv-159 (S.D. Ohio Sep. 25, 2023)   Cited 1 times

    At base, Boykin was not directly involved in the circumstances surrounding Plaintiff's assault, and so he is entitled to summary judgment on Plaintiff's claim for failure to intervene. See Gessner v. Saylors, No. 3:16-cv-234, 2018 WL 2725435, at *5 (S.D. Ohio June 6, 2018) (finding that officer who was occupied escorting another arrestee was entitled to summary judgment for failure to intervene on his partner's use of excessive force on plaintiff); Thomas v. City of Columbus, No. 2:15-cv-2469, 2017 WL 4217155, at *9 (S.D. Ohio Sep. 20, 2017) (finding that officer stationed outside apartment building where alleged excessive force arrest occurred was entitled to summary judgment for failure to intervene); but see Goodwin v. City of Painesville, 781 F.3d 314, 329 (6th Cir. 2015) (affirming denial of qualified immunity to officers who failed to intervene in extended use of taser on plaintiff in front of them, because the case involved “a prolonged application of force and the officers who allegedly failed to protect were directly involved.”). And, to the extent Plaintiff brings a claim for failure to report the use of excessive force, that fail