Thorne v. Lelles , 243 F. App'x 157 ( 2007 )


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  •                 NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
    File Name: 07a0693n.06
    Filed: September 25, 2007
    No. 06-4635
    UNITED STATES COURT OF APPEALS
    FOR THE SIXTH CIRCUIT
    DANIEL THORNE, JR.; DANIEL THORNE, SR.;                    )
    and SHARON THORNE,                                         )
    )        ON APPEAL FROM THE
    Plaintiffs-Appellees,                               )        UNITED STATES DISTRICT
    )        COURT     FOR     THE
    v.                                                         )        SOUTHERN DISTRICT OF
    )        OHIO
    JOHN LELLES and EDWARD KOROVIC,                            )
    Steubenville Police Officers; CITY OF                      )                MEMORANDUM
    STEUBENVILLE,                                              )                    OPINION
    )
    Defendants-Appellants.                              )
    BEFORE:        SUTTON and McKEAGUE, Circuit Judges; and FORESTER, Senior District
    Judge.*
    PER CURIAM. In this 42 U.S.C. § 1983 action, plaintiffs allege that Steubenville Police
    Officers John Lelles and Edward Korovic violated their Fourth-Amendment rights when they seized
    Daniel Thorne, Jr. in his family’s backyard, allegedly beat him with a Maglite flashlight, and arrested
    him for underage drinking. The defendants moved for summary judgment, asserting that they were
    protected from liability under the qualified-immunity doctrine. The district court denied the motion
    in part, holding that there were genuine issues of material fact on the plaintiffs’ warrantless-entry,
    *
    The Honorable Karl S. Forester, Senior United States District Judge for the Eastern District
    of Kentucky, sitting by designation.
    No. 06-4635
    Thorne v. Lelles
    excessive-force, and false-arrest claims. The defendants filed this interlocutory appeal on the
    warrantless-entry and false-arrest claims.
    We affirm in part and reverse in part. Having had the benefit of oral argument and having
    carefully considered the record on appeal, we are not persuaded that a lengthy opinion is necessary.
    As to the plaintiffs’ warrantless-entry claim against Officer Korovic, we AFFIRM for the reasons
    set forth by the district court. Thorne v. Steubenville Police Officer, 
    463 F. Supp. 2d 760
    , 771-74,
    775-77 (S.D. Ohio 2006). On the plaintiffs’ false-arrest claim against Officer Lelles, we likewise
    AFFIRM for the reasons set forth by the district court. 
    Id. at 774-77.
    As both parties acknowledged
    during oral argument, however, there is no evidence in the record that Officer Lelles had any
    involvement in the warrantless entry of the plaintiffs’ backyard, nor is there any evidence that Officer
    Korovic participated in the arrest of Daniel Thorne, Jr. Accordingly, we REVERSE the judgment
    of the district court on those two latter claims and REMAND the case for further proceedings.
    -2-
    

Document Info

Docket Number: 06-4635

Citation Numbers: 243 F. App'x 157

Filed Date: 9/25/2007

Precedential Status: Non-Precedential

Modified Date: 1/12/2023