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That's when I got on my radio and indicated to dispatch that I had an individual fighting me." ( Id. He was struggling, pulling away from me, resisting. ( Id.) He testified that the two "ended up on the ground inside the area where the passenger side door was open and the parking lot.

( Id.) "At that point, he was obstructing my vehicle stop," and Deputy Hatfield felt he had a basis to arrest Ebbing. ( Id.) Ebbing resisted and pulled away, so Deputy Hatfield pulled harder. ( Id.) Ebbing "indicated" that he wasn't going to step out at that point, Deputy Hatfield reached in, grabbed Ebbing's right arm to "escort" him out of the car.

at 647.) He approached the passenger side door, opened the door, and asked Ebbing to get out. at 646-47.) Ebbing made a retort along the lines of "go back to your car and write the fucking ticket," and at this time, Deputy Hatfield says his attention was diverted from Gray to Ebbing.
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( Id.) Hatfield asked him for his license Ebbing said no, and Deputy Hatfield responded that in order to write him a seatbelt ticket, he needed to know his identity. ( Id.)ĭuring this time, Deputy Hatfield noticed the passenger, Christopher Ebbing, was sitting in the passenger seat not wearing a seatbelt. at 646.) When asked for his license, Gray fumbled through his wallet to locate it. at 645.) Gray asked why he was stopped, and in speaking with him, Gray slurred his speech and had glassy, bloodshot eyes. at 644.) Deputy Hatfield observed a strong odor of an alcoholic beverage that was emitting from the inside of the car. at 641.) Gray was rolling his window down as he approached. at 639.) Deputy Hatfield exited his vehicle and approached the driver's side of Gray's car. at 637-38.)ĭeputy Hatfield pulled into Zip's Auto Body behind Gray and called in the traffic stop at that time. ( Id.) After these observations, Deputy Hatfield initiated an investigatory stop Gray eventually pulled over at Zips Auto Body. at 635.) He saw "four to ive" marked lane offenses that he believes gave him cause to stop Gray. ( Id.) He testified that Gray "was weaving within his lane, having difficulty maintaining his lane" and "is tires on the driver's side actually hit the marked lanes every once in a while on a couple of occasions actually." ( Id. 33-2 at PageID 634.) As they approached the intersection, the light changed from red to green, and once they got through the intersection, he saw more marked violations. 32-1 at PageID 156.)ĭeputy Hatfield proceeded to travel north on State Route 128 two to three car lengths behind Gray's vehicle, and he observed marked lane violations between where Gray turned and the upcoming intersection. at 633.) The turn was approximately 60 feet away from Major Leagues bar. at 632-33.) Gray was not traveling at a high rate of speed, and Deputy Hatfield was traveling 50 miles an hour and approaching him quickly, so he had to apply the brakes to avoid rear-ending him. at 632.) Deputy Hatfield was "150, 200 yards" away from the car when it was closest to him and had to apply the brakes on his car. He actually turned into the curb lane of State Route 128 and then back into the lane of travel that I was in.
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at PageID 631.)Īt state court trial on the subsequent charges, Deputy Hatfield described: "What drew my attention to him with the turn was when he made the turn it was actually a wide turn. 33-2 at PageID 632 (Hatfield testimony).) State Route 128 is a four-lane highway with a physical divider between the north and south lanes. As he approached the intersection of New London Road and State Route 128, he observed Plaintiff Kevin Gray's vehicle make a turn onto State Route 128. On December 12, 2014, Jasen Hatfield, then a Deputy Sheriff with the Butler County Sheriff's Office, was working third-shift road patrol and traveling north on State Route 128 from the Ross Township area to the City of Hamilton, Ohio. Account of Deputy Hatfield, Corporal Brockman, and Deputy Brown Because the accounts of the stop and subsequent arrest vary, the Court will begin with the officers' version of events and next turn to Plaintiff's version.
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§ 1983 civil rights action arises from a late-night police stop of a driver on purported reasonable suspicion of drunk driving.

For the reasons that follow, Defendants' Motion will be GRANTED IN PART AND DENIED IN PART. 36), to which Plaintiff responded in opposition (Doc. This matter is before the Court on Defendants' Motion for Summary Judgment (Doc. Order Granting in Part and Denying in Part Defendants' Motion for Summary Judgment
