Stewart v. Kettering Health Network

954 F. Supp. 2d 654, 2013 WL 3168649, 2013 U.S. Dist. LEXIS 86839
CourtDistrict Court, S.D. Ohio
DecidedJune 20, 2013
DocketCase No. 3:12-cv-199
StatusPublished
Cited by1 cases

This text of 954 F. Supp. 2d 654 (Stewart v. Kettering Health Network) 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
Stewart v. Kettering Health Network, 954 F. Supp. 2d 654, 2013 WL 3168649, 2013 U.S. Dist. LEXIS 86839 (S.D. Ohio 2013).

Opinion

ENTRY AND ORDER GRANTING DEFENDANTS’ MOTION FOR SUMMARY JUDGMENT (Doc. #25) AND TERMINATING THIS CASE

THOMAS M. ROSE, District Judge.

Now before the Court is a Motion for Summary Judgment brought by Defen[658]*658dants Kettering Health Network (“Kettering”) and Grandview Medical Center (“Grandview”). (Doc. # 25.) This motion is now fully briefed and ripe for decision.

This matter arises out of the employment and subsequent termination of Plaintiff Doug Stewart (“Stewart”) by Grand-view. Stewart brings four (4) Counts in his First Amended Complaint (“FAC”). (Doc. # 1-1.) Count I is for age discrimination (termination) in violation of Ohio Rev.Code § 4112.14 and the Age Discrimination in Employment Act (“ADEA”), 29 U.S.C. § 621 et seq. Count II is for retaliation in violation of Ohio Rev.Code § 4112.02 and the ADEA. Count III is for intentional and/or reckless infliction of emotional distress and Count IV is for punitive damages.

A Relevant Factual Background will first be set forth. This will be followed by the Standard of Review for motions for summary judgment and an analysis of Defendants’ Motion.

RELEVANT FACTUAL BACKGROUND

Stewart was hired by Grandview in June of 2003 as a Police Officer II. (Affidavit of Doug Stewart (“Stewart Aff.”) ¶ 2 May 20, 2013; Deposition of David W. Miller (“Miller Dep.”) 23 Feb. 7, 2013.) When Stewart was hired by Grandview, Roger Harris was the police chief. (Id.) In the Summer of 2009, Roger Harris retired and was replaced as chief by David Miller (“Miller”). (Id.)

In the Fall of 2009, Grandview was commissioned as a police department. (Deposition of Richard Andy Sullivan (“Sullivan Dep.”) 25 Feb. 7, 2013.) As a result, security officers, including Stewart, were required to complete the Ohio Peace Officer Training Academy (“OPOTA”). (Miller Dep. 23.) At the time, only two Grandview police officers were not OPOTA-certified: Jimmie Whittle and Stewart. (Stewart Aff. ¶ 3.)

OPOTA Training

According to Miller, OPOTA training is “not easy” and it “takes a heck of an effort to get through the police academy, even for a young person.” (Miller Dep. 27.) To pass OPOTA, an officer has to run 1.5 miles in a prescribed time, has to do a prescribed number of push-ups and sit-ups and has to complete a variety of training courses. (Id.) Part of the OPOTA training education involves instruction on the use of force. (Id. at 29.)

Stewart successfully completed the OPOTA training. (Stewart Aff. ¶4.) He was the oldest individual, at age 59, to ever do so. (Deposition of Doug Stewart (“Stewart Dep.”) 27 Feb. 5, 2013; Stewart Aff. ¶4.)

An OPOTA graduation ceremony was held in February of 2010. (Stewart Aff. ¶4.) Stewart was asked to speak at the graduation ceremony on the graduating class’s behalf. (Id.)

Stewart was the only Grandview officer to graduate at the ceremony. (Id.) Miller and Captain Michael Molchan (“Molehan”) were in attendance. (Id.)

The Incident

On February 22, 2011, Stewart arrived at the hospital after a nine-day vacation. (Stewart Dep. 81.) He began this shift at 14:00 hours “fresh” and “ready to roll.” (Id.)

At the start of this shift, Stewart checked in with the police dispatcher and learned that Officer Mardy White (“White”) was having trouble with a patient in exam room 10, so he went to assist White. (Id. at 83.) Exam room 10 is one of the rooms that is padded for individuals that are out of control or that may harm themselves. (Id. at 84.)

[659]*659When Stewart arrived, White was standing outside of the room and the patient had his underwear and a tee shirt on and was “kicking up sand, cussing, carrying on.” (Id.) The patient had been brought to Grandview on a “pink slip.” (Id. 84-85.) A “pink slip” is a temporary hold for psychiatric evaluation. (Id. at 85.)

Per hospital protocol, Stewart and White needed to check the patient for weapons and Dr. Hunter, an emergency room physician, asked them to get the patient completely undressed and into a hospital gown. (Stewart Dep. 89-91.) The patient resisted when Stewart and White tried to undress him. (Id. at 92-93.) When White tried to pull the patient’s shirt off of him, according to Stewart, “[t]he fight was on.” (Id. at 93.)

Following a struggle that involved punches from the patient, Stewart and White, Stewart used a Taser on the patient. (Id. at 96.) The patient appeared unaffected by the Taser, but shortly thereafter Stewart and White were able to tackle the patient to the floor and handcuff him with his hands in front of his body. (Id. at 100-06.)

The door to the exam room was open during the incident. (Id. at 99.) Stewart did not see anyone in the hall but medical staff came rushing in all of a sudden. (Id.) Stewart recalls Dr. Hunter and Sergeant Jones (“Jones”), among others, coming into the room. (Id. at 115-16.) At this point, what happens to the patient is disputed.

Jones, Dr. Hunter and Dr. Fish testified that Stewart kicked the restrained patient in the head. (Exhibit G to Stewart Dep.; Declaration of Robert L. Hunter, D.O. (“Hunter Decl.”) ¶ 4 Apr. 8, 2013; Declaration of Boyce K. Fish, D.O. (“Fish Decl.”) ¶4 Apr. 12, 2013.) Jones described the event in his report to Miller. (Exhibit G to Stewart Dep.) “... Officer D. Stewart then took what appeared to be his right foot and moved it to the patients face in a quick motion. It appeared that his foot had struck the patient in the area of his forehead and nose----” Jones also reported that Doctors Hunter and Fish confirmed that they saw Stewart kick the patient’s head. (Id.)

Stewart testifies to a different story. According to Stewart, the patient was spitting blood on everybody and everything. (Stewart Dep. 118.) Dr. Hunter, in an effort to redirect the patient’s head to avoid possible disease from the patient’s blood, pushed his foot on the patient’s head. (Id. at 117-18.) Stewart told Dr. Hunter that “we” had the situation under control and he needed to remove his foot from the patient’s head. (Stewart Aff. ¶ 7.) Dr. Hunter refused. (Id.) Stewart then placed his foot on the patient’s head but he says he had no pressure on the patient’s head. (Stewart Dep. 120.) When the patient calmed down, Stewart removed his foot and Stewart also removed Dr. Hunter’s foot. (Id. at 122.) During the follow-up investigation, Stewart denied kicking the patient. (Declaration of Michael Molchan (“Molchan Decl.”) ¶ 8 Apr. 19, 2013.)

White’s incident report mentions nothing of Stewart kicking the patient’s head. (Exhibit C to Stewart Dep.) Dr. Fish’s handwritten statement made shortly after the incident says nothing about Stewart kicking the patient’s head. (Exhibit E to Stewart Dep.) Dr. Hunter’s handwritten statement made shortly after the incident says nothing about Stewart kicking the patient’s head. (Exhibit 1 to Stewart Aff.) During an interview following the incident, the patient said nothing about Stewart kicking him. (Miller Dep.

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Related

Doug Stewart v. Kettering Health Network
576 F. App'x 518 (Sixth Circuit, 2014)

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Bluebook (online)
954 F. Supp. 2d 654, 2013 WL 3168649, 2013 U.S. Dist. LEXIS 86839, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stewart-v-kettering-health-network-ohsd-2013.