James E. McCurdy v. Montgomery County, Ohio

I respectfully but strongly dissent. My dissent is based upon several premises which I think are flawed in the majority’s rationale. <

First, I dissent from the majority’s conclusion that “no reasonable jury could conclude that Office Cole had probable cause to believe that McCurdy presented a risk of physical harm either to himself, others or the property of others” and that “generously granting Officer Cole the benefit of all inferences and doubts, Officer Cole at best presumed that McCurdy presented a risk of harm either to himself, another or the property of another because he appeared to…