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Gammon v. Blakeley12/4/1997
JUDGMENT: AFFIRMED.
Plaintiff-appellant Lynn Gammon, Administratrix of the Estate of Jason Gammon, ( appellant ) appeals from the grant of summary judgment in favor of the defendants-appellees.
Appellant assigns the following error for review:
I. THE TRIAL COURT ERRED TO THE PREJUDICE OF THE APPELLANTS, IN GRANTING THE MOTION FOR SUMMARY JUDGMENT OF THE DEFENDANTS WITH RESPECT TO THE CLAIMS OF THE APPELLANTS BROUGHT UNDER 42 U.S.C. 1983 (USE OF EXCESSIVE FORCE), FAILURE TO TRAIN AND MONITOR AND WRONGFUL DEATH UNDER O.R.C. 2125.01.
Finding the appeal to lack merit, the judgment of the trial court is affirmed.
I.
On September 3, 1993, the Euclid Police Department received a call from Candy Rocco who informed the police that her children had telephoned her. The children, Brian and Bridget Lewis, and another minor, Jason Gammon, had guns and were threatening to shoot police officers and Mrs. Rocco's husband. A few hours later, Ed Lewis, the natural father of Brian and Bridget, also telephoned the Euclid Police regarding a similar phone call from the children. At 6:45 p.m., three or four juveniles with weapons were seen running through the backyards on Abby Avenue in Euclid. The juveniles were threatening to shoot the first police officer they saw.
A Euclid police officer spotted four youngsters running through backyards in a street adjacent to Abby Avenue. Other officers arrived on the scene and chased the juveniles on foot. The teenagers discovered an unlocked rear basement door at a two- family home located at 19186 Abby Avenue. They entered the home and proceeded to the upstairs unit. The police officers discovered the location of the teenagers when the officers entered the door to the home. The officers could hear them laughing, swearing, and breaking objects.
The officers left the building and established a perimeter around the house. One officer attempted to speak to the juveniles but his efforts went unanswered. They continued to yell obscenities and to destroy property in the home. Furniture was thrown through the upstairs windows.
At 7:35 p.m., fifteen-year old Brian Lewis contacted the Euclid police dispatcher. The conversation with the dispatcher lasted approximately twenty-five minutes and included thirteen-year old Bridget Lewis and seventeen-year old Jason Gammon. A fourth individual left the house and surrendered to police while this conversation was taking place. The youths fired shots out of the windows of the home, striking and damaging two police vehicles.
The Special Weapons and Tactics (SWAT) team arrived at about 8:00 p.m along with two members of the Crisis Negotiation Team. Officer Kevin Blakeley, one of the negotiators, established telephone contact with the teens. Blakeley remained in contact with the juveniles throughout the evening, although the contact was intermittent. Over the course of the evening, Jason Gammon demanded money, a helicopter, and cigarettes. Jason Gammon told the police that he would die that night by either the police killing him or by suicide. He also threatened to shoot Bridget Lewis.
Officer Blakeley unsuccessfully attempted to deliver the cigarettes by throwing them through an upstairs window. Jason Gammon became enraged over the failed try and screamed obscenities and pointed his weapon out the window. One of the officers at the scene then discharged his weapon but the shot missed Gammon. Officer Blakeley continued to speak to Jason Gammon. It was decided that another attempt to deliver cigarettes would be made but this time the cigarettes would be placed near a rear, downstairs door. Without consulting the o
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