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Gubanc v. Warren12/16/1998
arring plaintiff's federal claims against defendants in their official capacity. In addition, the trial court determined that plaintiff failed to show that defendants themselves deprived plaintiff of his constitutional rights, thus barring plaintiff s federal claims against defendants in their individual capacities. Finally, the trial court determined that plaintiff failed to demonstrate "bad faith, wanton or willful acts or malicious purpose" by defendants, thus barring his state law claims based on negligence. Plaintiff timely appealed to this court.
Plaintiff's first assignment of error is that the trial court incorrectly granted defendants summary judgment on his federal claims because genuine issues of material fact existed concerning whether defendants acted with deliberate indifference in failing to provide him adequate medical care. He has argued that defendants violated his Eighth Amendment right to be free from cruel and unusual punishment by failing to adequately provide for his medical needs while incarcerated at the Summit County Jail and by taking him to the hospital, knowing that he was seriously ill, and dropping him off by the curb. Plaintiff has argued that he demonstrated a genuine issue of material fact that obligated the trial court to send this case to trial.
Section 1983, Title 42, U.S. Code provides a remedy to those persons whose federal rights have been violated by government officials. Shirokey v. Marth (1992), 63 Ohio St.3d 113, 116, 585 N.E.2d 407, 410; State ex rel. Carter v. Schotten (1994), 70 Ohio St.3d 89, 92, 637 N.E.2d 306, 309-310. The trial court analyzed plaintiffs federal claims against defendants both in their official capacities as state agents and in their individual capacities. In his brief to this court, plaintiff has not addressed the judgment of the trial court as it related to defendants' conduct in their official capacities; instead, his arguments go only to defendants' conduct in their individual capacities.
A suit against a state employee in his individual capacity is a suit against that individual defendant, rather than against the entity that employeshim. See Kentucky v. Graham (1985), 473 U.S. 159, 167-168, 105 S.Ct. 3099, 3105-3107, 87 L.Ed.2d 114, 123. Plaintiff failed to demonstrate any involvement by either Toth or Davis regarding his alleged constitutional deprivation. Accordingly, at oral argument, plaintiff conceded that he has no claim against defendants Toth and Davis in their individual capacities.
Plaintiff has argued, however, that he may assert a claim against defendant Richard Warren in his individual capacity because he is the sheriff of Summit County. He has argued that, because the General Assembly placed the ultimate responsibility for the health and safety of inmates on the sheriffs office, Warren had a duty to provide for the health and well-being of incarcerated inmates and could not delegate that duty to any other party. Plaintiff has continued his argument by asserting that, because the sheriffs office is ultimately responsible for his care, including medical care, Warren may be held vicariously liable for the alleged constitutional deprivation he suffered at the hands of the ARA medical staff and sheriffs deputies. Plaintiffs argument is without merit. There is no respondeat superior liability in a Section 1983 claim. Shockey v. Fouty (1995), 106 Ohio App.3d 420, 426, 666 N.E.2d 304, 307, citing Polk Cty. v. Dodson (1981), 454 U.S. 312, 325, 102 S.Ct. 445, 453-454, 70 L.Ed.2d 509, 520-521; see, also, Manell v. New York City Dept of Social Serv. (1978), 436 U.S. 658, 694, 98 S.Ct. 2018, 2037, 56 L.Ed.2d 611, 637, fn. 58. Instead, a plaintiff must show that an indiv
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