Stutes v. Harris, 21753 (9-28-2007)

OPINION

{¶ 1} This is an appeal from an order of the court of common pleas dismissing an action pursuant to Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted.

{¶ 2} The complaint filed in the action alleges that on or about May 10, 2005, Plaintiff Christian Stutes, a Xenia police officer, "was required to use his service weapon to stop the aggressive actions of Defendant (Jonathan) Harris" when Harris walked toward Officer Stutes while carrying a firearm, "[d]espite repeated warnings and instructions to lay down the gun." (Dkt 1, paragraph 3). It is conceded and…