Latest Case: Pineda v. Hamilton County (Civil Rights)

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Pineda v. Hamilton County

Docket: 19-3839

Opinion Date: October 2, 2020

Judge: Murphy

Areas of Law: Civil Rights, Constitutional Law, Personal Injury

Pineda visited a Cincinnati nightclub that used private bouncers and off-duty Hamilton County deputies for parking lot security. Three deputies worked that night, in uniform. Around 2:30 a.m., a fight broke out. Pineda saw individuals arguing with a bouncer near the door and told them to calm down. The bouncer hit Pineda in the face, chipping two teeth. According to Pineda, a deputy who was behind him knocked him unconscious by striking him on the back of the head with his baton. Pineda never identified the culprit. Three of Pineda’s friends generally corroborated his recollection. The deputies claim that they were in different areas and did not witness what happened to Pineda. Pineda’s injuries were significant. At the hospital, an officer wrote a report indicating that Pineda said that a bouncer assaulted him and did not mention a deputy. Pineda sued the deputies and the Sheriff’s Office under 42 U.S.C. 1983, alleging excessive force claim and that the Sheriff “ratified” the excessive force by failing to meaningfully investigate. The Sixth Circuit affirmed the rejection of the claims. Pineda was required to produce evidence from which a reasonable jury could find it more likely than not that each defendant was “personally involved” in the excessive force. Pineda did not identify the deputy who struck him; there was no allegation of a causal connection between the unidentified deputy and any other defendant’s actions. The investigation did not contribute to Pineda’s injury.