Harold D. Young v. City of Logan, et al.

CourtDistrict Court, S.D. Ohio
DecidedFebruary 6, 2026
Docket2:25-cv-00698
StatusUnknown

This text of Harold D. Young v. City of Logan, et al. (Harold D. Young v. City of Logan, et al.) is published on Counsel Stack Legal Research, covering District Court, S.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harold D. Young v. City of Logan, et al., (S.D. Ohio 2026).

Opinion

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF OHIO EASTERN DIVISION

HAROLD D. YOUNG,

Plaintiff, Case No. 2:25-cv-698 v. JUDGE DOUGLAS R. COLE CITY OF LOGAN, et al., Magistrate Judge Deavers

Defendants. OPINION AND ORDER Plaintiff Harold Young, acting pro se, alleges that Defendants (a police officer and the officer’s municipal employer) unlawfully took checks that belonged to Young and gave them to Mr. Jeramy Huckleberry (who is not party to this suit). (Compl., Doc. 18). Separately, Young also requests a temporary restraining order (TRO) and preliminary injunction (PI), claiming he needs to prevent retaliation against him for filing this lawsuit. (Doc. 4). Because Young is proceeding in forma pauperis, Magistrate Judge Deavers screened his Complaint and request for a TRO and PI under 28 U.S.C. § 1915(e)(2) and issued a Report and Recommendation. (R&R, Doc. 19). There, she recommends that the Court permit Young’s individual-capacity Fourth Amendment unreasonable seizure claim against Defendant Officer Kyle Arnett to proceed, but dismiss all other claims. (Id. at #122). She further recommends the Court deny Young’s request for a TRO and PI. (Id.). Young objected, three times. (Docs. 20, 22, 24). He also moved to amend his Complaint, two times. (Docs. 21, 23). And finally, Young requested the Court set a status conference and issue prompt rulings on various pending motions. (Doc. 26). So, the Court ADOPTS the R&R (Doc. 19), OVERRULES Young’s Objections (Docs. 20, 22, 24), and thus as recommended, DISMISSES without prejudice all claims except Young’s unreasonable seizure claim against Officer Kyle Arnett in his individual capacity and DENIES Young’s request

for a TRO and PI, (Doc. 4). BACKGROUND With Young’s filings now in the double digits, this suit has become a bit of a mess. But his original Complaint is short and relatively straightforward. There, he details an interaction that began when Logan police officers responded to a trespass complaint (presumably from Young) involving a “Mr. Huckleberry” being unlawfully

present on Young’s property. (Doc. 18, #99). During that incident, Young alleges that Huckleberry falsely accused Young of possessing checks that belonged to Huckleberry. (Id.). Young informed the responding officers that “the checks in question were his own and offered to retrieve them from inside the home.” (Id. at #100). But Young claims that when he returned with the checks—which he alleges “contained his full name, banking information, account number, and routing

number”—an officer took them and placed them in his pocket without explanation. (Id.). The next day, Young encountered Huckleberry again and “discovered that he was in possession of the very checks” that the officer had taken. (Id.). So presumably, the officer had given the checks to Huckleberry. That is the extent of the facts alleged in the Complaint. Based on these events, Young brings claims for (1) a violation of his rights under 42 U.S.C. § 1983, (2) negligent infliction of emotional distress, and (3) violation of Ohio privacy and identity protection laws (citing Ohio Revised Code § 1349.19 et seq. and “relevant tort law”). (Id. at #100–01). Just over a month after he filed suit, and before the Magistrate Judge approved

his request to proceed in forma pauperis, Young filed an Emergency Motion for a Temporary Restraining Order and Preliminary Injunction to Prevent Anticipated Retaliation (Doc. 4). There, Young states that he “has observed early indicators of retaliatory intent,” such as sudden involvement by “Code Enforcement,” “warnings and scrutiny” directed at his residence, and an “uptick in passive monitoring” near Young’s home—i.e., “marked police vehicles lingering in the vicinity.” (Id. at #17). Based on this, Young claims that he “has a credible fear that the situation will

escalate into harassment, surveillance, or even physical intimidation.” (Id. at #18). And Young claims the following foreseeable harms: (1) the chilling of his First Amendment right to access the courts, (2) irreparable psychological and emotional harm stemming from fear of retaliation, (3) disruption of the judicial process through witness tampering, and (4) spoliation of evidence, “as City agents may act to conceal or destroy materials relevant to this case.” (Id.). So, Young requests the Court issue

a TRO and PI restraining Defendants from any non-emergency contact with him, entering within five hundred feet of his residence or known locations, pursuing code enforcement actions against him, and deleting or concealing evidence related to Young or this litigation. (Id. at #19). He also requests an emergency hearing. (Id.). Because Young sought to proceed in forma pauperis, the matter was referred under this Court’s Amended Columbus General Order 22-01 to a Magistrate Judge for initial handling. The Magistrate Judge granted Young’s second request to proceed in forma pauperis and stated that she would conduct an initial screening of the Complaint as soon as practicable. (Doc. 8). In the meantime, Young filed an

Emergency Motion to Preserve Body-Worn Camera Footage (Doc. 13), a Motion to Obtain Electronic Case Filing Rights (Doc. 14), a Reply in support of his request for a TRO, (Doc. 15), and the Declaration of Witness Jeramy Huckleberry (Doc. 16). All of this occurred in less than a month, as the Magistrate Judge issued an Order and Report and Recommendation only twenty-seven days after granting Young leave to proceed in forma pauperis. (Doc. 19). There, invoking the Court’s screening authority under 28 U.S.C. § 1915(e)(2)(B), the Magistrate Judge issued an R&R

recommending that the Court allow Young’s Fourth Amendment unreasonable seizure claim against Defendant Officer Arnett in his individual capacity to proceed, but dismiss all other claims. (Doc. 19, #122). She further recommends denying Young’s request for a TRO and PI. (Id.). Finally, her Order denied Young’s Emergency Motion to Preserve Body-Worn Camera Footage (Doc. 13) and his Motion by Pro Se Litigant to Obtain Electronic Case Filing Rights (Doc. 14).

In the R&R portion of her Order, the Magistrate Judge begins by discussing Young’s § 1983 claims against each Defendant. (Doc. 19, #108). As for the claims against the City of Logan, she notes that any such claims “would be governed by Monell v. Dep't of Soc. Servs. of City of New York, 436 U.S. 658, 691 (1978).” (Id. at #109). And under Monell, Young would need to assert some City policy or custom that caused the alleged constitutional violation. (Id.). But while Young requests “injunctive relief requiring the Logan Police Department to implement and enforce proper training, procedures, and oversight,” (Doc. 18, #102–03), he “makes no detailed allegations of any official policy, failure to train, a custom of tolerance or acquiescence

to federal rights violations, or decision by a final policymaker that might give rise to a claim under Monell,” (Doc. 19, #109). And even after liberally construing his request for relief as a possible failure to train claim, the Magistrate Judge recommends dismissing the § 1983 claims against the city because the Complaint lacks any “specific facts related to the City of Logan’s actual training.” (Id. at #110). Turning to Officer Arnett, the Magistrate Judge first notes that he is not actually mentioned in the Complaint. (Id. at #111). But because of Young’s pro se

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