Boster v. Fairfield County, Ohio et al

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
EASTERN DIVISION
JESSICA BOSTER,
Plaintiff,
Case Number 2:25-cv-1228
v. 	JUDGE EDMUND A. SARGUS, JR.
Magistrate Judge Elizabeth P. Deavers
FAIRFIELD COUNTY, OHIO, et al.,
Defendants.
ORDER
This matter is before the Court on the Report and Recommendation issued by the
Magistrate Judge on January 9, 2026. (ECF No. 3.) After reviewing Plaintiff Jessica Boster’s
Complaint pursuant to 28 U.S.C. § 1915(e)(2), the Magistrate Judge recommends that the Court
dismiss Plaintiff’s claims against Defendants Fairfield County, Ohio and William Starkey, as
well as Plaintiff’s claims against all Defendants in their official capacities. (Id. PageID 108.) The
Magistrate Judge explains that Plaintiff may proceed with her First Amendment claim, Fourth
Amendment claim, and state law claims against Defendants Matheney, Lape, Gasser, and John
Doe at this time. (Id.)
Plaintiff, proceeding pro se and in forma pauperis, initiated this action against
Defendants Fairfield County, Ohio; Sergeant Carl Lape (Fairfield County law enforcement
officer); Officer Eric Matheney (Fairfield County law enforcement officer); Officer Tarek Gasser
(Fairfield County law enforcement officer); Bailiff William Starkey (employee of Fairfield
County Municipal Court); and John Doe (unidentified law enforcement officer or courthouse
personnel). (ECF No. 2.) Plaintiff asserts claims under 42 U.S.C. § 1983 for violations of her
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First and Fourth Amendment rights and under state law for assault, battery, and intentional
infliction of emotional distress. (Id.)
Plaintiff alleges that she accompanied her father to the Fairfield County Municipal Court
in October 2025 and began recording interactions between her father and court officers in the
public lobby. (Id.) According to Plaintiff, law enforcement officers and court personnel forcibly
interrupted her and ordered her to stop recording. (Id.) Plaintiff alleges that Defendants
Matheney and John Doe moved into her personal space and threatened her and that Defendants
Lape and Gasser impeded her vehicle and approached in a retaliatory manner. (Id.)
The Magistrate Judge reviewed the Complaint under 28 U.S.C. § 1915(e)(2) and
recommended that (1) Plaintiff’s claims against Defendants Fairfield County and Starkey be
dismissed because the Complaint fails to include allegations against them and (2) Plaintiff’s
claims against all Defendants in their official capacities be dismissed because they are redundant
of Plaintiff’s claim against Fairfield County. (ECF No. 3, PageID 105–06.) The Magistrate Judge
explained that Plaintiff’s claims against Defendants Matheney, Lape, Glasser, and John Doe in
their individual capacities deserve further development and may proceed. (Id. PageID 106–08.)
Once a magistrate judge issues a report and recommendation, the relevant statute
provides:
Within fourteen days after being served with a copy, any party may serve and file
written objections to such proposed findings and recommendations as provided by
rules of court. A judge of the court shall make a de novo determination of those
portions of the report or specified proposed findings or recommendations to which
objection is made.
28 U.S.C. § 636(b)(1). The failure to file written objections to a magistrate judge’s report and
recommendation waives a de novo determination by the district court of any issues addressed in
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the report and recommendation. See United States v. Walters, 638 F.2d 947, 949–50 (6th Cir.
1981).
Plaintiff was advised of her right to object to the Report and Recommendation and of the
consequences of failing to do so. (ECF No. 3, PageID 108.) Plaintiff did not object to the Report
and Recommendation.
Accordingly, the Court ADOPTS and AFFIRMS (ECF No. 3) the Magistrate Judge’s
Report and Recommendation. The Court DISMISSES Plaintiff’s claims against Defendants
Fairfield County, Ohio and William Starkey, as well as Plaintiff’s claims against all Defendants
in their official capacities. Plaintiff may proceed with her First Amendment claim, Fourth
Amendment claim, and state law claims against Defendants Eric Matheney, Carl Lape, Tarek
Gasser, and John Doe at this time.
The Clerk is DIRECTED to terminate Defendants Fairfield County, Ohio and William
Starkey from this case. The Clerk is further DIRECTED to mail a copy of this Order to Plaintiff
Jessica Boster at 160 State Route 233, Patriot, Ohio 45658.
This case remains open.
IT IS SO ORDERED.
2/18/2026 	s/Edmund A. Sargus, Jr.
DATE 	EDMUND A. SARGUS, JR.
UNITED STATES DISTRICT JUDGE
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