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Jackson v. Poland Township9/29/1999
JUDGMENT: Affirmed
Sherry Jackson, et al., plaintiffs-appellants, appeal from separate orders of the Mahoning County Common Pleas Court granting summary judgment in favor of defendants-appellees.
On February 7, 1993, defendant Ernest Street loaned his car to defendant Ray Burt in exchange for cocaine. (Deposition of Mr. Ernest Street, May 20, 1994, p. 6; Deposition of Mr. Ernest Street, August 29, 1994, p. 6). With appellants' decedent, Lavelle Shavers, riding as a passenger in the front seat, the two then picked up Demetrius Allen who rode as a passenger in the back seat of the car (hereafter referred to as the "Burt vehicle"). The three continued on, riding around the Youngstown, Struthers, and Boardman area and eventually into the Poland area. (Deposition of Mr. Demetrius Allen, pp. 10-13).
At a parking lot in Poland, defendant-appellee Poland Township Police Officer Rey Kleshock was sitting in his patrol car exchanging information with defendant-appellee Poland Village Police Officer Tim Deskin. (Deposition of Officer R. C. Kleshock, p. 7). The Burt vehicle first caught the attention of Officer Kleshock as it proceeded south from the intersection of State Route 170 and U.S. Route 224 in Poland. Officer Kleshock observed that the car's license plate was not illuminated. (Deposition of Officer R. C. Kleshock, p. 7).
Officer Kleshock chose not to stop the Burt vehicle at that time and it proceeded southbound for a distance where Burt stopped and made a telephone call. (Deposition of Officer R. C. Kleshock, p. 9; Deposition of Mr. Demetrius Allen, pp. 13-14, 28-29). After the call was made, Burt turned the car around and headed north back into Poland, towards Struthers. (Deposition of Mr. Demetrius Allen, pp. 13-14). Approximately five to ten minutes later as the car passed by the officers again, Officer Kleshock also observed that the vehicle's windshield was cracked. (Deposition of Officer R. C. Kleshock, pp. 9, 12-13). Having observed both the non-illuminated license plate and the cracked windshield, Officer Kleshock decided that he was going to attempt a traffic stop of the car. (Deposition of Officer R. C. Kleshock, pp. 7, 12-13; Deposition of Officer Timothy Deskin, p. 12). Officer Kleshock communicated his decision to Officer Deskin and he replied that he would back Kleshock up. (Deposition of Officer R. C. Kleshock, p. 7; Deposition of Officer Timothy Deskin, p. 12). Both officers then exited the parking lot pulling in behind the Burt vehicle. Once behind the Burt vehicle, Officer Kleshock noticed the trunk lock was punched out, an indication to him that the car was possibly stolen. (Deposition of Officer R. C. Kleshock, pp. 7-8). Officer Kleshock then radioed in the license plate. The dispatcher responded with the vehicle information indicating that the car was not stolen. (Deposition of Officer R. C. Kleshock, p. 8; Deposition of Officer Timothy Deskin, pp. 14-15).
Based on his observations of the equipment violations Officer Kleshock attempted to initiate a traffic stop of the car by activating his patrol car's overhead lights and siren. (Deposition of Officer R. C. Kleshock, p. 8). Officer Deskin also activated his patrol car's overhead lights. (Deposition of Officer Timothy Deskin, p. 14). Initially, the Burt vehicle slowed to approximately twenty miles per hour but then it accelerated rapidly. (Deposition of Officer R. C. Kleshock, p. 9).
Both officers pursued the vehicle northbound on State Route 170. As Officer Kleshock approached the upcoming Matthews Road intersection he slowed down. (Deposition of Officer R. C. Kleshock, p. 9). The Burt vehicle continued northbound on State Route 170 through the intersection on
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