Claudia Brothers; David L. Corsi v. COUNTY OF SUMMIT, Members of its County Council

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 08a0170n.06
Filed: March 27, 2008
No. 07-3840
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
CLAUDIA BROTHERS; DAVID L. CORSI,
Plaintiffs-Appellants,
v.
COUNTY OF SUMMIT, Members of its County
Council and its County Executive; DREW
ALEXANDER, Summit County Sheriff Officer, In
his individual and official capacity; LINDA K.
RINEAR, Summit County Sheriff Officer, In her
individual and official capacity; L. MOMCHILOV,
Summit County Sheriff Officer, In his individual and
official capacity; KELLY FATHEREE, Summit
County Sheriff Officer, In her individual and official
capacity; JOHN DOE, 1 through 10, Supervisors,
Summit County Sheriff’s Officers, In their individual
and official capacities,
Defendants-Appellees.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE NORTHERN
DISTRICT OF OHIO
O P I N I O N
BEFORE: COLE, GIBBONS, and ROGERS, Circuit Judges.
R. GUY COLE, JR. Plaintiffs-Appellants Claudia Brothers and David L. Corsi brought suit
against the County of Summit, members of its County Council and its County Executive, and the
following persons in their individual and official capacities: Summit County Sheriff Drew Alexander
and Summit County Sheriff Deputies Linda K. Rinear, Larry Momchilov, and Kelly Fatheree
(collectively, Defendants), alleging a Fourth Amendment violation, via 42 U.S.C. § 1983, and

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No. 07-3840
Brothers, et al v. City of Summit, et al
The district court struck sua sponte the portion of the complaint naming the John Doe1
defendants, finding that Appellants had adequate time to conduct discovery and to properly
identify and serve these unnamed defendants, yet failed to do so. Appellants do not appeal this
decision.
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pendent state law claims of intentional infliction of emotional distress, false arrest, false
imprisonment, and defamation. Plaintiffs assert that Defendants’ investigation of Plaintiffs’ daycare1
facility, prompted by complaints of improper conduct between Corsi and several of the children at
the daycare, and Corsi’s subsequent arrest irreparably damaged their reputations and business.
Defendants moved for summary judgment, asserting that 1) Defendants are immune from
Plaintiffs’ § 1983 claim and that, in any event, Defendants did not violate Plaintiffs’ Fourth
Amendment rights; and 2) pursuant to Ohio’s Political Subdivision Tort Liability Act, Defendants
are immune from Plaintiffs’ pendent state law claims. Magistrate Judge James Gallas granted
Defendants’ motion for summary judgment, concluding that Plaintiffs failed to demonstrate that
Defendants violated their rights and that Defendants are also immune from Plaintiffs’ federal and
state law claims. Plaintiffs now appeal the district court’s judgment.
Applying a de novo standard of review, as we must, Williams v. Mehra, 186 F.3d 685, 689
(6th Cir. 1999) (en banc), we conclude that the district court’s well-reasoned and thorough opinion
supports the judgment in favor of Defendants and that the issuance of a detailed written opinion from
this Court would be unduly repetitious. Accordingly, the judgment rendered by the district court is
affirmed on the basis of the reasoning set forth in its May 25, 2007 opinion.

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