See Martin, 712 F.3d at 963 (“As resolution of the state-law immunity issue is heavily dependent on the same disputed material facts as the excessive-force determination under § 1983, the district court properly denied summary judgment to the officers on the estate's state-law claims.”); Dresher v. Lucas Cnty., No. 3:15-cv-585, 2016 WL 5338042, at *8 (N.D. Ohio Sept. 23, 2016). In other words, these claims for immunity also revolve around a credibility determination best reserved for the jury.
See Fed. R. Civ. P. 56(c), 56(e)(3); see also Harris v. J.B. Robinson Jewelers, 627 F.3d 235, 239 n.1 (6th Cir. 2010) ("[A] court may not consider unsworn statements when ruling on a motion for summary judgment." (quoted citation omitted)); Dresher v. Lucas County, Case No. 3:15-cv-585, 2016 WL 5338042 *2 (N.D. Ohio Sept. 23, 2016) ("Rule 56 'requires the nonmoving party to go beyond the [unverified] pleadings' and submit admissible evidence supporting its position." (quoting Celotex Corp. v. Catrett, 477 U.S. 317, 324 (1986)).
460 (6th Cir. 2014). While a municipality may "ratify its employees' acts—thereby subjecting itself to § 1983 liability—by failing meaningfully to investigate those acts," Dresher v. Lucas County, 2016 WL 5338042 (N.D. Ohio September 23, 2016) (quoting Otero v. Wood, 316 F. Supp. 2d 612 (S.D. Ohio 2004) and Wright v. City of Canton, 138 F. Supp. 2d 955 (N.D. Ohio 2001)), plaintiff must still allege a governmental policy. Askew v. City of Memphis, 2016 WL 3748609 (W.D.Tenn.
Nonetheless, I will consider the merits on the facts of record. I recently held in Dresher v. Lucas County, 2016 WL 5338042 (N.D. Ohio), that, based on a substantially similar factual dispute (likewise involving a forcible takedown that resulted in injuries), a reasonable jury potentially could find the defendant officer acted with malicious purpose, in bad faith, or in a wanton or reckless manner, so that summary judgment as to the state law claim was not appropriate. So too here. See also, e.g., Martin v. City of Broadview Heights, 712 F.3d 951, 963 (6th Cir. 2012) ("As resolution of the state-law immunity issue is heavily dependent on the same disputed material facts as the excessive-force determination under § 1983, the district court properly denied summary judgment to the officers on the estate's state-law claims.").