I. IMMUNITY
6
Plaintiff's case fails initially because all defendants are immune from suit.
7
In suits brought under § 1983, qualified immunity protects those police officers "whose conduct does not violate clearly established statutory or constitutional rights." Kelm v. Hyatt, 44 F.3d 415, 421 (6th Cir.1995). Applying this test, plaintiff has failed to meet his burden of alleging that the actions of the Eaton police officers violated any clearly established right. See Pray v. City of Sandusky, 49 F.3d 1154, 1158 (6th Cir.1995). In the absence of any such allegation, the officers are immune from plaintiff's § 1983 claims. Siegert v. Gilley, 500 U.S. 226, 231 (1991).
8
Plaintiff's attempt to hold the City of Eaton liable under § 1983 also fails. Municipalities cannot be sued under § 1983 for the actions of their employees or agents unless those actions were executed pursuant to a policy or custom of the city. Monell v. New York Dep't of Soc. Serv., 436 U.S. 658, 694 (1978). Plaintiff's complaint is entirely barren of any allegation of custom or policy on behalf of Eaton.
9
Defendants are also entitled to immunity under Ohio law from plaintiff's ancillary common law claims.2 Ohio law provides statutory immunity to political subdivisions unless the cause of action asserts "negligent ... acts by their employees with respect to proprietary functions." Ohio Rev.Code Ann. § 2744.02(B)(2) (Anderson 1992) (emphasis added). Ohio law also protects employees of political subdivisions engaged in governmental or proprietary functions unless the employees acted outside the scope of their employment or with "malicious purpose, in bad faith, or in a wanton or reckless manner." Ohio Rev.Code §§ 2744.03(6)(b) (Anderson 1992). At all times during the incident the officers were engaged in routine police services, which the statute defines as governmental, rather than proprietary, functions. Ohio Rev.Code §§ 2744.01(C)(1), (G)(1) (Anderson 1992). Furthermore, plaintiff has again failed to allege any facts that would indicate the officers acted maliciously or in bad faith. Both the officers and the City of Eaton are immune from liability for the state tort claims.