govinfo:USCOURTS-ohsd-2_20-cv-06481-1

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IN THE UNITED STATES DISTRICT COURT 
FOR THE SOUTHERN DISTRICT OF OHIO 
EASTERN DIVISION 
 
KAREN HEETER, et al., :    
 : 
Plaintiffs, : Case No. 2:20-cv-6481 
 :   
 v.      : Chief Judge Algenon L. Marbley 
 :         
KENNETH BOWERS, et al., : Magistrate Judge Elizabeth P. Deavers 
 :       
D e f e n d a n t s .  :         
         
ORDER 
This matter is before this Court on Defendants’ Motion for Summary Judgment (ECF No. 
21) following a limited remand from the Sixth Circuit “affirm[ing] the judgment of [this Court] in 
all but one respect”:  that this Court is “to grant the City (that is, Officer Bowers in his official 
capacity and the Columbus Police Department) su mmary judgment” on the Plaintiffs’ state-law 
claims.  (ECF No. 41 at 29).  
Given the limited nature of the Sixth Circu it’s remand, this Court considers only the 
Plaintiffs’ state-law claims against Officer Bowers in his official capacity and the Columbus Police 
Department.  Previously, “[t]his Court conclude[d] that the disputed facts could lead a reasonable 
jury to believe that Defendant Bowers acted in  a wanton or reckless manner by using more force 
than was necessary to neutralize Mr. Heeter and failing to address his apparent and serious medical 
needs afterward,” so “[t]his Court therefore DENIE[D] Defendants’ motion for summary 
judgment on the state law claims.”  (ECF No. 37 at 34).  On appeal, the Sixth Circuit clarified that 
the Plaintiffs’ claims against the Columbus Police  Department and Officer Bowers in his official 
capacity are effectively claims against the City of Columbus.  (ECF No. 41 at 28).  As the City “is 
entitled to [Ohio Revised Code ]§ 2744.02’s ‘broad grant of immunity’ and therefore not liable for 
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any of the Heeters’ state-law claims,” summary judgment in the Defendants’ favor is appropriate.  
Id. at 29).  So, this Court GRANTS IN PART Defendants’ Motion for Summary Judgment (ECF 
No. 21) as to the Plaintiffs’ state-law claims against Officer Bowers in his official capacity and the 
Columbus Police Department.  In line with the Sixt h Circuit’s directive, th e rest of this Court’s 
analysis on Defendants’ Motion stands.  (ECF No. 41 at 29). 
IT IS SO ORDERED. 
 
              
ALGENON L. MARBLEY 
CHIEF UNITED STATES DISTRICT JUDGE 
 
DATED: August 28, 2024 
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