Full opinion text
MEMORANDUM AND ORDER KATHLEEN McDONALD O’MALLEY, Circuit Judge. Before the Court is the Report and Recommendation (R & R) of Magistrate Judge Kenneth S. McHargh (“Judge McHargh”). (Doc. 212.) In his R & R, Judge McHargh considers the Defendants’ Motions for Summary Judgment (Docs. 167-171), as well as the Plaintiffs’ Motion to Exclude the Defendants’ Expert Testimony (Doc. 158) and the Defendants’ Motion to Strike one of the Plaintiffs’ Exhibits (Doc. 203). He recommends that this Court grant in part and deny in part the Defendants’ motions. The Plaintiffs have filed a timely objection to this R & R (Doc. 214), as have the Defendants (Docs. 215-220), and the Court SUSTAINS IN PART AND OVERRULES IN PART those objections (Docs. 215-220). As explained more fully below, the Motion to Exclude Testimony (Doc. 158) is MOOT, the Motion to Strike (Doc. 203) is DENIED, the Motion for Summary Judgment brought by ASORT as to its capacity for suit (Doc. 171) is DENIED, the Motion for Summary Judgment brought by ASORT as to the substantive claims against it (Doc. 170) is GRANTED IN PART AND DENIED IN PART, the City of Mansfield’s and Richland County’s Motions for Summary Judgment (Docs. 168, 169) are GRANTED IN PART AND DENIED IN PART, all other municipal Defendants’ Motions for Summary Judgment (Docs. 167, 170) are GRANTED, and the individual Defendants’ Motions for Summary Judgment are GRANTED IN PART AND DENIED IN PART (Docs. 169,170). I. BACKGROUND This lawsuit arises under 42 U.S.C. § 1983 as well as state law. The gravamen of the complaint is straightforward: the Plaintiffs assert that the Defendants violated their rights under the fourth and fourteenth amendments of the constitution: The Defendants have, under color of law, deprived Plaintiffs of clearly established rights, privileges and immunities secured by the Fourth and Fourteenth Amendments to the United States Constitution of which a reasonable person would have known. These rights include, but are not limited to, the right to due process of law and the right to be free of unreasonable searches and seizures and excessive force. (Doc. 75 (“FAC”) at ¶ 90.) The particulars of this litigation, discussed below, are more complicated: they have led to hundreds of pages of briefing, thousands of pages of record evidence, and a 75-page R & R. II. STANDARD OF REVIEW A. Summary Judgment Defendants have moved for summary judgment under Rule 56 of the Federal Rules of Civil Procedure. Under Rule 56(c), summary judgment should be granted “if the pleadings, the discovery and disclosure materials on file, and any affidavits show that there is no genuine issue as to any material fact and that the movant is entitled to judgment as a matter of law.” Fed.R.Civ.P. 56(c). In reviewing summary judgment motions, this Court must view evidence in the light most favorable to the non-moving party to determine whether a genuine issue of material fact exists. Adickes v. S.H. Kress & Co., 398 U.S. 144, 90 S.Ct. 1598, 26 L.Ed.2d 142 (1970); CenTra, Inc. v. Estrin, 538 F.3d 402, 412 (6th Cir.2008). A fact is “material” only if its resolution will affect the outcome of the lawsuit. Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248, 106 S.Ct. 2505, 91 L.Ed.2d 202 (1986); Daugherty v. Sajar Plastics, Inc., 544 F.3d 696, 702 (6th Cir.2008). Determination of whether a factual issue is “genuine” requires consideration of the applicable evidentiary standards. Thus, in most civil cases, the Court will decide “whether reasonable jurors could find by a preponderance of the evidence that the [non-moving party] is entitled to a verdict.” Anderson, 477 U.S. at 252, 106 S.Ct. 2505. Upon filing a motion for summary judgment, the moving party has the initial burden of establishing that there are no genuine issues of material fact as to an essential element of the nonmoving party’s claim. Moldowan v. City of Warren, 578 F.3d 351, 374 (6th Cir.2009) (citation omitted); Street v. J.C. Bradford & Co., 886 F.2d 1472, 1479-80 & n. 12 (6th Cir.1989). The moving party, however, is not required to file affidavits or other similar materials negating a claim on which its opponent bears the burden of proof, so long as the moving party relies upon the absence of the essential element in the pleadings, depositions, answers to interrogatories, and admissions on file. Celo-tex Corp. v. Catrett, 477 U.S. 317, 106 S.Ct. 2548, 91 L.Ed.2d 265 (1986). In response, if the moving party establishes the absence of a genuine issue of material fact, to defeat summary judgment, the non-moving party “may not rely merely on allegations or denials in its own pleading; rather, its response must — by affidavits or as otherwise provided in this rule — set out specific facts showing a genuine issue for trial.” Fed.R.Civ.P. 56(e)(2); see also Matsushita Elec. Indus. Co. v. Zenith Radio Corp., 475 U.S. 574, 586-87, 106 S.Ct. 1348, 89 L.Ed.2d 538 (1986); Alexander v. CareSource, 576 F.3d 551, 558 (6th Cir.2009) (citation omitted). In this regard, “Rule 56 does not impose upon the district court a duty to sift through the record in search of evidence to support a party’s opposition to summary judgment”; rather, “Rule 56 allocates that duty to the opponent of the motion, who is required to point out the evidence, albeit evidence that is already in the record, that creates an issue of fact.” Williamson v. Aetna Life Ins. Co., 481 F.3d 369, 379-80 (6th Cir. 2007) (citation omitted); see also Tucker v. Tennessee, 539 F.3d 526, 531 (6th Cir.2008) (citation omitted). Moreover, the non-moving party must show more than a scintilla of evidence to overcome summary judgment; it is not enough for the non-moving party to show that there is some metaphysical doubt as to material facts. Matsushita Elec. Indus. Co., 475 U.S. at 586-87, 106 S.Ct. 1348; see also Barr v. Lafon, 538 F.3d 554, 574 (6th Cir.2008). Accordingly, the ultimate inquiry is whether the record, as a whole, and upon viewing it in the light most favorable to the non-moving party, could lead a rational trier of fact to find in favor of the non-moving party. Matsushita Elec. Indus. Co., 475 U.S. at 586-87, 106 S.Ct. 1348; see also Anderson, 477 U.S. at 252, 106 S.Ct. 2505 (“The judge’s inquiry, therefore, unavoidably asks whether reasonable jurors could find by a preponderance of the evidence that the [non-moving party] is entitled to a verdict — whether there is [evidence] upon which a jury can properly proceed to find a verdict for the party producing it, upon whom the onus of proof is imposed.” (emphasis in original) (internal quotations omitted)). B. Report and Recommendation On March 17, 2008, the Court referred this ease to Judge McHargh for pretrial administration, pursuant to Title 28 of the United States Code, Section 636, and Local Rule 72.1. In cases that are referred to a magistrate judge for preparation of an R & R, the district court may “accept, reject, or modify, in whole or in part, the findings or recommendations made by the magistrate judge.” McClendon v. Challenge Fin. Investors Corp., No. 08-1189, 2009 WL 589245, at *2, 2009 U.S. Dist. LEXIS 17908, at *6-7 (N.D.Ohio Mar. 9, 2009) (quoting 28 U.S.C. § 636(b)(1)(C)). A court is only required to conduct a de novo review of the portions of an R & R to which the parties have made an objection, and the parties have a “duty to pinpoint those portions of the magistrate’s report that the district court must specially consider.” Cincinnati Ins. Co. v. Grand Pointe, LLC, 501 F.Supp.2d 1145, 1153 (E.D.Tenn.2007) (quoting Mira v. Marshall, 806 F.2d 636, 637 (6th Cir.Ohio 1986)). In the absence of specific objections, a court may adopt conclusions reached by the magistrate judge without discussion. See Thomas v. Arn, 474 U.S. 140, 149-52, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985); Crum v. Sullivan, 921 F.2d 642, 645 n. 1 (6th Cir.1990). While this principle is universal, it is particularly appropriate here, given that Judge McHargh issued a thoughtful 75-page R & R in response to many thousands of pages of briefing and exhibits. III. REQUIREMENTS FOR ESTABLISHING LIABILITY UNDER § 1983 All of the Plaintiffs’ federal claims arise under 42 U.S.C. § 1983, which requires the Plaintiff to “establish (1) the deprivation of a right secured by the Constitution or laws of the United States (2) caused by a person acting under color of state law.” Sigley v. City of Parma Heights, 437 F.3d 527, 533 (6th Cir.2006) (citations omitted). The Defendants in this action do not dispute that they acted under color of state law during any of the relevant events- — -accordingly, the question is. simply whether the Plaintiffs suffered a depravation “of a right secured by the Constitution or laws of the United States” and were harmed thereby. Id. With respect to that question, not all unfair, unwise, or imprudent actions are constitutionally unreasonable. See Kostrzewa v. City of Troy, 247 F.3d 633, 639 (6th Cir. 2001). Law enforcement officials are allowed “latitude for honest mistakes,” even when those mistakes are difficult to understand with the benefit of hindsight. See Maryland v. Garrison, 480 U.S. 79, 87, 107 S.Ct. 1013, 94 L.Ed.2d 72 (1987). Nevertheless, each and every citizen has meaningful constitutional rights that law enforcement officials may not violate. See Champion v. Outlook Nashville, Inc., 380 F.3d 893, 900 (6th Cir.2004). These rights are not lessened merely because law enforcement officials elect to execute a search warrant with a SWAT team. Holland v. Harrington, 268 F.3d 1179, 1194— 95 (10th Cir.2001) (“At all times, SWAT officers no less than others ... must keep it clearly in mind that we are not at war with our own people.”); (contra Doc. 112 (“Bammann Dep.”) at 61:12-62:9 (“If I’m at your house in a SWAT capacity we’re not dealing with a normal law-abiding citizen I would say at that point.”)). If the Plaintiffs can show such a violation, they must then establish the propriety of recovery from any particular party. See Petty v. County of Franklin, Ohio, 478 F.3d 341, 349 (6th Cir.2007). Although this analysis begins with the familiar requirement that a specific defendant proximately caused the constitutional deprivation, establishing proximate cause within the context of § 1983 is sometimes quite “murky.” Wright v. City of Canton, 138 F.Supp.2d 955, 965 (ND.Ohio 2001). So, too, even when an individual law enforcement official has proximately caused the deprivation of a constitutional right, that official will not be held liable unless that right was “clearly established” and that official has caused the deprivation in an “objectively unreasonable manner.” See Champion, 380 F.3d at 901. A. Individual Liability While lawsuits under § 1983 frequently provide “the only realistic avenue for vindication of constitutional guarantees,” Champion, 380 F.3d at 901 (quoting Harlow v. Fitzgerald, 457 U.S. 800, 814, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982)), those lawsuits also impose a cost on society, “including ‘the expenses of litigation, the diversion of official energy from pressing public issues, and the deterrence of able citizens from acceptance of public office.’ ” Id. It has long been recognized that officials cannot perform their jobs safely or effectively if their every split-second decision is analyzed with knowledge gained only through hindsight. See Kostrzewa, 247 F.3d at 639 (citing Graham v. Connor, 490 U.S. 386, 109 S.Ct. 1865, 104 L.Ed.2d 443 (1989)). Actions taken by law enforcement officials that appear unreasonable to a court weighing those actions over a period of months were not necessarily unreasonable when made in a matter of seconds under life-threatening pressure. See id. The doctrine of qualified immunity provides a balance: it holds that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Champion, 380 F.3d at 901. In Saucier v. Katz, 533 U.S. 194, 121 S.Ct. 2151, 150 L.Ed.2d 272 (2001), the Supreme Court established a two-prong test for evaluating the claim of qualified immunity. First, “[t]aken in the light most favorable to the party asserting the injury, do the facts alleged show the officer’s conduct violated a constitutional right?” Id. at 201, 121 S.Ct. 2151. Second, “if a violation could be made out on a favorable view of the parties’ submissions, the next ... step is to ask whether the right was clearly established.” Id. A motion for summary judgment on qualified immunity grounds must be granted unless the plaintiff can satisfy both prongs of the Saucier test. A court is not required to address the first question if it is evident that, even if a right was violated, that right was not clearly established at the time of the violation. See Pearson v. Callahan, 555 U.S. 223, 129 S.Ct. 808, 818, 172 L.Ed.2d 565 (2009) (“The judges of the district courts and the courts of appeals should be permitted to exercise their sound discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first in light of the circumstances in the particular case at hand.”). The idea captured by the second prong of Saucier is that “an official could not ... fairly be said to ‘know1 that the law forbade conduct not previously identified as unlawful.” Harlow, 457 U.S. at 818, 102 S.Ct. 2727. For this reason, plaintiffs bringing suit under § 1983 must show that “in the light of pre-existing law,” a reasonable officer would have understood that the actions for which he now faces suit were unlawful. Champion, 380 F.3d at 902. This inquiry must be undertaken with respect to the specific situation that an individual defendant faced. See id. It is not enough, for example, to show that an officer’s use of force exceeded the objective standard for reasonable force under Graham, rather, a plaintiff must show that any reasonable officer would have understood that the particular force he was using in that particular situation was excessive. See id. To do this, a plaintiff is not required to demonstrate the existence of a “fundamentally similar” or “materially similar” case. Grawey v. Drury, 567 F,3d 302, 313-14 (6th Cir.2009) (quoting Hope v. Pelzer, 536 U.S. 730, 741, 122 S.Ct. 2508, 153 L.Ed.2d 666 (2002)). Specifically: the question is whether the defendants had fair warning that their actions were unconstitutional. Thus, officials can still be on notice that their conduct violates established law even in novel factual circumstances. The relevant, dispositive inquiry in determining whether a right is clearly established is whether it would be clear to a reasonable officer that his conduct was unlawful in the situation he confronted. Id. (citations and quotation markings omitted); see also Champion, 380 F.3d at 902 (“[T]he fact that various courts have ‘not agreed on one verbal formulation of the controlling standard’ does not by itself entitle an officer to qualified immunity.” (quoting Saucier, 533 U.S. at 203, 121 S.Ct. 2151)). Because the focus is on whether the officer had fair notice that his conduct was lawful, reasonableness is judged against the backdrop of the law at the time of the conduct. B. Municipal Liability When plaintiffs seek to recover from a municipality, there is no requirement that a particular right be “clearly established,” but the plaintiffs must show that the municipality itself was the proximate cause of any deprivation. See Collins v. City of Harker Heights, 503 U.S. 115, 122, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992); Ford v. County of Grand Traverse, 535 F.3d 483, 495-96 (6th Cir.2008). There is no vicarious liability under § 1983 for the alleged torts of a municipality’s agents, rather: It is when execution of a government’s policy or custom, whether made by its lawmakers or by those whose edicts or acts may fairly be said to represent official policy, inflicts the injury that the government entity is responsible under § 1983. Monell v. Dep’t of Soc. Servs., 436 U.S. 658, 691, 98 S.Ct. 2018, 56 L.Ed.2d 611 (1978); see also Board of County Commis. v. Brown, 520 U.S. 397, 405, 117 S.Ct. 1382, 137 L.Ed.2d 626 (1997) (“Where a plaintiff claims that the municipality has not directly inflicted an injury, but nonetheless has caused an employee to do so, rigorous standards of culpability and causation must be applied to ensure that the municipality is not held liable solely for the actions of its employee.”) (citation omitted). Simply put, to impose § 1983 liability upon a local governmental body, a plaintiff must show that the municipality itself is the wrongdoer. Collins v. City of Harker Heights, 503 U.S. 115, 122, 112 S.Ct. 1061, 117 L.Ed.2d 261 (1992). A plaintiff can establish that a municipality is the proximate cause of a violation under any of five theories: (1) express municipal policy, Monell, 436 U.S. at 660-61, 98 S.Ct. 2018, (2) “widespread practice that, although not authorized by written law or express municipal policy, is ‘so permanent and well settled as to constitute a custom or usage’ with the force of law,” City of St. Louis v. Praprotnik, 485 U.S. 112, 127, 108 S.Ct. 915, 99 L.Ed.2d 107 (1988) (quotation omitted), (3) the decision of a person with final policymaking authority, Pembaur v. City of Cincinnati, 475 U.S. 469, 481-83, 106 S.Ct. 1292, 89 L.Ed.2d 452 (1986), (4) the failure to act where the “inadequacy [of the existing practice is] so likely to result in the violation of constitutional rights, that the policymaker ... can reasonably be said to have been deliberately indifferent to the [plaintiffs rights],” City of Canton v. Harris, 489 U.S. 378, 390, 109 S.Ct. 1197, 103 L.Ed.2d 412 (1989), or (5) ratification by a municipality of its employee’s unconstitutional acts by failing to meaningfully investigate and punish allegations of unconstitutional conduct, Fuller v. City of Oakland, 47 F.3d 1522, 1535 (9th Cir.1995); see also Leach v. Shelby County Sheriff, 891 F.2d 1241, 1247 (6th Cir.1989); Wright, 138 F.Supp.2d at 966 (“[Plaintiff] can establish his municipal liability claim by showing ... [that] a final municipal policymaker approved an investigation ... that was so inadequate as to constitute a ratification of their alleged use of excessive force.”). IV. THE LEGAL STATUS OF ASORT Prior to considering the substantive merits of the Plaintiffs’ claims, this Court must consider whether one of the Defendants, ASORT, is subject to suit at all. ASORT asserts that it is immune from suit under the same principles that immunize municipal police departments, whereas the Plaintiffs assert, and Judge McHargh found, that “ASORT is an unincorporated association which is amenable to suit under federal law.” (R & R at 24.) The Court analyzes this issue somewhat differently than either the Plaintiffs or the Defendants suggest, but ultimately adopts Judge McHargh’s recommendation as to ASORT’s legal status. A. The Structure and Scope of ASORT ASORT is an entity whose professed purpose is to provide SWAT-type tactical teams for use by area municipalities when called upon. ASORT was formed by a private entity, the Richland County Chiefs of Police Association (RCCPA). (R & R at 12.) ASORT’s designated 30(b)(6) deponent explained that the RCCPA: meet[s] every Wednesday morning at 7:30 basically for breakfast and just [to] have general discussion about what is going on in the community. We probably are more of a social organization than anything. (Doc. 110 (“Messer Dep.”) at 20:11-20) (emphasis added). This “social organization” sets at least some aspects of ASORT policy. {See Doc. 113 (“Combs Dep.”) 22:14-15 (“The [RCCPA] really makes decisions concerning personnel and/or training.”). Although ASORT has been represented by counsel throughout this litigation, that counsel does not appear to know how he came to be retained. {See 9/24/09 Hrg. Tr. at 9:23-10:15.) The Commander of ASORT reports to the RCCPA. (Doc. 169-5 (“ASORT Manual”) at 9.) The ASORT Commander at the time of the events in question, Lance Combs, testified, however, that he has never actually attended an “official” RCCPA meeting. (Combs Dep. at 24:16-17 (“five had to attend Chiefs’ breakfasts as opposed to really official Chiefs’ meetings.”).) Indeed, Commander Combs testified that he does not know how it is he became the Commander of ASORT: QUESTION: And how did you get selected as the commander? ANSWER: My guess is. that the [RCCPA] made that selection. I wasn’t privy to the selection process. QUESTION: Did you apply for it? ANSWER: No. (Combs Dep. at 21:5-11.) In sum, then, ASORT was formed by a private social organization and is governed to some extent by that private social organization. This is a marked departure from the usual structure for multijurisdictional law enforcement agencies or teams. See, e.g., Petty v. United States, 80 Fed.Appx. 986, 987 (6th Cir.2003) (describing “a multi jurisdictional task force directed by the Federal Bureau of Investigation.... ”); Ed Wittenberg, Euclid, Shaker Heights, South Euclid, University Heights Eye Joint Swat Team (April 8, 2010, available on-line at http://www.cleveland.com) (“The councils of all four cities will need to approve legislation ... for the plan [forming a regional SWAT team] to take effect.”); Trenton, Ohio Council Meeting Minutes (January 15, 2009) (“An Ordinance Authorizing the City Manager of the City of Trenton, Ohio to Enter Into a Memorandum of Understanding for Regional S.W.A.T. Team ____“ (capitalization changed throughout)). Membership in ASORT is voluntary, but limited to law enforcement officials from the various police departments in Richland County. While ASORT itself is regulated by the RCCPA, the members of ASORT are subject to a variety of benefits and restrictions that are specific to their “home” police departments. Most notably, each municipality in Richland County has agreed to fund the cost of training and equipment for any one of their law enforcement officials that joins ASORT. (Id. at 15-16; Messer Dep. at 20:12-23:8.) ASORT members, as well, are governed by both ASORT policies and the policies of their home law enforcement agencies when on ASORT assignment. (Combs Dep. at 54:24-55:2.) Finally, ASORT asserts that home departments are responsible for discipline of their members (R & R at 13), although the record indicates that no home department has ever disciplined a member of ASORT for actions taken when deployed by ASORT. If ASORT members are bound in scope by certain requirements of their home departments, ASORT itself is not. ASORT may choose to accept or reject requests for assistance from any of the area municipalities. (Combs Dep. at 91:16-17 (“The [ASORT] team leader has the authority to accept or deny [a] mission.”).) So, too, ASORT may enter a municipality even when no official from that municipality has requested their help directly and even without notice to any official in that municipality. (See 9/24/09 Hrg. Tr. at 48:21-49:8.) B. The Parties’ Arguments ASORT argues that it is not subject to suit because it is a “government unit.” ASORT asserts that it: is a statutorily authorized cooperative between municipalities, specifically assembled for the purposes of furthering law enforcement. Were [ASORT] simply a police unit of a single municipality, the police unit would not have capacity to be sued, and Plaintiffs’ claims would be treated as against the municipality. Indeed, the Magistrate Judge implied that if the incident in question involved an impromptu, collective response from various police departments, there would be not capacity to sue the collective. [ASORT’s] cooperative configuration does not present a situation so different as to apply Fed.R.Civ.P. 17(b) where it would not normally be applied to governmental units. (Doc. 215 (“ASORT Obj.”) at 3) (citations omitted) (emphasis added). ASORT, however, is not part of any particular municipality, which raises the question as to whom, if anyone, ASORT believes is subject to suit if an ASORT policy (as distinct from home department policies) proximately causes the deprivation of a constitutional right. ASORT adopted a somewhat cryptic stance when confronted with that question: THE COURT: Okay. If in fact I find that a constitutional violation occurred, so say hypothetically Mansfield calls out ASORT for a search in Mansfield and I find that members of the ASORT team, not necessarily Mansfield officers, but members of the ASORT team engaged in conduct that would constitute a constitutional violation ... is then Mansfield [potentially] liable for their activities because they have called them in and therefore deputized them for purposes of their own governmental activity, or do you believe that each entity that sent someone there is responsible for their activities, or is nobody responsible for their activities? ASORT COUNSEL: Well, Your Honor, we would argue that it is the home department municipality that is ultimately bearing the responsibility for the officers. It is a collective group of those police departments and those municipalities, and we would consider that they are dictated by their own policies. Therefore, if the officer from a specific home department acts outside the scope of those policies or creates a constitutional violation through his actions, that home department municipality employer would be the entity that is actually capable of being sued. THE COURT: All right. So you don’t believe in the hypothetical that I have posed that Mansfield would have any responsibility for calling out these members, other than for the activities of its own officers, if they happen to even be on the team? ASORT COUNSEL: That’s correct, Your Honor I would propose to you that again, the ASORT team members are voluntarily signing up to be part of this, and each collective home department allows them to volunteer for that purpose. Based upon that, I guess, volunteering of the officers, the home department policy still dictates .... (9/24/09 Hrg. Tr. at 4:9-6:4) (emphasis added). ASORT seems to argue that it does not truly have its own policies when it contends that ASORT “would consider [team members’ actions to be] dictated by their” home department policies. But there is substantial testimony and evidence indicating that ASORT does have its own policies, for example, there is an ASORT manual that contains policies (See Doc. 169-5 (“ASORT Manual”)), Commander Combs testified that he is responsible for ASORT training (Combs Dep. at 22:18-19), and ASORT counsel argued that the RCCPA is responsible for ASORT training (4/9/09 Hrg. Tr. at 44:5-8 (“THE COURT: So this social organization [the RCCPA], as you call it, sets the standards for the training? COUNSEL: Correct. And it is actually in the ASORT policy manual.”); contra Eversole v. Steele, 59 F.3d 710, 717 (7th Cir.1995) (“Because the Task Force was nothing more than a joint effort of four counties in the State of Indiana to implement existing law enforcement policies, no new or unique policies were needed.”). ASORT, then, does not provide a plausible argument as to what entity it believes is subject to suit if one of ASORT’s policies leads to a constitutional violation. The Plaintiffs dispute the Defendants’ characterization of ASORT and contend that Judge McHargh was correct to conclude that ASORT is subject to suit as an unincorporated association. See Fed. R.Civ.P. 17(b)(3)(A) (“[A] partnership or other unincorporated association with no such capacity under that state’s law may sue or be sued in its common name to enforce a substantive right existing under the United States Constitution or laws.”); (see also R & R at 11.) The Plaintiffs offer a number of reasons in support of this assertion, most straightforwardly that ASORT cannot be said to be a part of any particular municipal or state agency and that ASORT must be something. (Cf. R & R at 14 (“ASORT does not contend that it is a subdivision of a governmental agency or that it is itself a police department.”).) C. Analysis The implication that follows from ASORT’s arguments — that the Plaintiffs have no recourse if ASORT’s policies and procedures have proximately caused the deprivation of their constitutional rights— is a radical one. ASORT’s attempt to minimize this contention by way of analogy to a municipal police department misses the point. A suit against that police department is simply a suit against the municipality, because a tort “by the police department” is actually a tort by the municipality. In contrast, ASORT appears to contend that citizens who are subjected to a tort “by ASORT” have no recourse against anyone at all. The Defendants’ contention is particularly troubling because ASORT was formed by a private organization. The suggestion that a private social organization could form a SWAT-type team that would be immune from suit certainly goes against the original intent behind § 1983, which was enacted to allow recourse against a private “law enforcement” entity whose policies, practices, and procedures deprived citizens of their civil rights. See Gay-Straight Alliance v. Sch. Bd., 477 F.Supp.2d 1246, 1250 (S.D.Fla.2007) (discussing the history of § 1983); cf. Romanski v. Detroit Entm’t, L.L.C., 428 F.3d 629, 637 (6th Cir.2005) (“[WJhen the state delegates a power traditionally reserved to it alone — the police power — to private actors in order that they may provide police services to institutions that need it, a plaintiffs ability to claim relief under § 1983 [for abuses of that power] should be unaffected.’ ” (citations omitted)). ASORT’s claim that it is not subject to suit as an “unincorporated association” because it is a “government unit” is based upon a mistaken understanding of Rule 17 and is not well-taken: ASORT is governed by a private entity, and it appears that no municipality exercises any control over ASORT or its activities. ASORT meets the definition of an unincorporated association under Rule 17(b)(3)(A) and is subject to suit as such. So, too, although ASORT contends various forms of immunity under Ohio law, no provision of state law alters this conclusion. The Court explains this analysis below. 1. Whether ASORT is a “Government Unit” As previously explained, ASORT contends that it is not subject to suit because it is a “government unit.” (ASORT Obj. at 2 (quoting Dean v. Barber, 951 F.2d 1210, 1215 n. 4 (11th Cir.1992).) To evaluate this contention, the Court must begin by considering the meaning of the term “government unit.” It is not found within the Federal Rules, but is, rather, a term employed by the Eleventh Circuit to explain that a state or municipal entity otherwise not amendable to suit is not made subject to suit in that circuit through the operation of Rule 17(b)(3)(A). See id. In particular, the Eleventh Circuit has reasoned that only private parties can be unincorporated associations within the meaning of Rule 17(b)(3)(A). See Dean, 951 F.2d at 1215 n. 4; but see North Carolina League of Municipalities v. Clarendon Nat’l Ins. Co., 733 F.Supp. 1009 (E.D.N.C. 1990) (“Plaintiff ... is an unincorporated association of various units of local government within North Carolina....”). The problem for ASORT, even assuming that the Sixth Circuit would follow the Eleventh on this issue, is that ASORT is not a “government unit[ ], subdivision^] or agencfy].” ASORT is governed by a private organization, and, to the extent there is evidence in the record that the leader of ASORT reports to any authority higher than himself for purposes of setting ASORT’s policy, practices, or procedures, that authority is vested in this same private organization. This alone would seem to establish that ASORT is not a “government unit[ ], subdivision!,] or agenc[y].” Although ASORT points this Court to an Ohio statute that allows municipalities to form multijurisdictional police task forces, that statute does not somehow transform ASORT into a unit of government. The relevant statute, which authorizes municipalities to “allow [their] police officers to work in multijurisdictional ... task forces,” provides in full: The legislative authority of any municipal corporation, in order to obtain police protection or to obtain additional police protection, or to allow its police officers to work in multijurisdictional drug, gang, or career criminal task forces ... may enter into contracts ... for services of police departments or the use of police equipment or for the interchange of services of police departments or police equipment within the several territories of the contracting subdivisions. O.R.C. § 737.04. This statute does not address the public or private character of the tasks forces themselves, however. The agreement between the municipal defendants in this case, conspicuously absent from ASORT’s briefing, emphasizes this: [T]he law enforcement agencies of Rich-land County agree to be called upon to send available units to assist in emergency calls for service in the other Rich-land County law enforcement jurisdictions, and all law enforcement agencies request immediate assistance through 911/ or Mansfield, Shelby, Ontario, and Lexington dispatch if any dispatching agency is unable to reach the affected agency’s contact points. In the event an agency receives an emergency call for service for another agency’s jurisdiction and can’t reach the agency’s contact point, that agency shall notify the closest unit(s) available to respond to the emergency call for service. The dispatching agency shall continue to try to contact the affected agency jurisdiction until that agency is notified and responds and/or handles all follow-up investigation. All law enforcement agencies of Rich-land County also agree to send specialized unit [sic], (e.g., Allied Special Response Team members, K-9 Officers, Dive Team members) when available, to assist with emergency calls for service. Agencies may call for mutual aid for other calls as agreed upon at the time of calls. (Cline, et al. v. City of Mansfield, et al., Case No. 10cv1068 (N.D.Ohio) (Doc. 103-3 at 1)) (emphasis added). While this agreement provides that the various municipalities in Richland County will allow members of ASORT to participate in ASORT when called, it does not describe the creation of a joint task force within the meaning of § 737.04 and does not describe ASORT as a unit of government. ASORT also seems to argue that it is a government entity because it is performing a traditional municipal function, but this is exactly wrong: that ASORT is performing a traditional municipal function is what makes it subject to suit under § 1983, not what makes it immune from it. See Romanski, 428 F.3d at 637 (“[W]hen the state delegates a power traditionally reserved to it alone — the police power — to private actors in order that they may provide police services to institutions that need it, a plaintiff’s ability to claim relief under § 1983 [for abuses of that power] should be unaffected.’ ” (citations omitted)). It is true, of course, that the members of ASORT are themselves public officials who receive their equipment and salaries from local municipalities, but this does not automatically make ASORT a part of those municipalities. As the Eighth Circuit explained in an analogous context: the [defendant entity] was not created by the Constitution or by any statute ... and ... it is not ‘the State’ or an ‘agency of the State’ as are agencies like the ... Highway Department, or the ... Game & Fish Commission.... Rather, the [defendant is] established and supported by local school systems ... on a voluntary basis. Thus, it is not immune from suit. Wright v. Arkansas Activities Ass’n, 501 F.2d 25, 27 (8th Cir.1974) (quoting the district court)). This same distinction applies here: that ASORT is supported by municipalities does not make it a part of those municipalities. In sum, the Court concludes that, because ASORT is formed and governed by a private organization, it is not a government unit, subdivision, or agency. Whatever the reach of the Eleventh Circuit’s reasoning, it does not extend to an entity such as ASORT, which is not part of a state, municipality, or group of municipalities. 2. Whether ASORT is an Unincorporated Association Under Rule 17(b)(3)(A) Given that ASORT is not a government unit, the Court must still define what, precisely, it might be. The Plaintiffs suggest, and the R & R found, that ASORT is an “unincorporated association” under Rule 17(b)(3)(A). This Court agrees. Although the term “unincorporated association” is not defined in the Federal Rules, the “Supreme Court has defined an unincorporated association as ‘a body of persons united without a charter, but upon the methods and forms used by incorporated bodies for the prosecution of some common enterprise.’ ” Hazel v. Beta Omicron Chptr. of Sigma Nu Fraternity House Corp., Case No. 4:08cv46, 2009 WL 677325, at *2, 2009 U.S. Dist. LEXIS 19878, at *6-7 (E.D.Tenn. Mar. 12, 2009) (citations omitted). It has been said that “voluntary and knowing membership is the hallmark of’ such an association. Boynton v. Headwaters, Inc., 252 F.R.D. 397, 401 (W.D.Tenn.2008). As Judge McHargh explained, this definition is apt here: In the case before this court, the formation and purpose of ASORT, and the structure and composition of ASORT and its teams, was not “left to chance.” A structure and manual were put into place to govern the composition and procedures of ASORT and its teams. Similarly, the decision to deploy ASORT to serve the search warrant, and the composition, role, and procedures of the ASORT team which served the warrant were not random events, but deliberate choices, guided by ASORT policies. The ASORT team which served the warrant was a pre-existing group (with two additions from the other ASORT team), organized in advance for the very purpose of serving warrants, not a random group of police officers from different jurisdictions spontaneously composed for mutual assistance, for example, to respond to an unexpected disaster or riot. (R & R at 23-24) (internal citations omitted). ASORT itself notes that it “was formed by [a private entity] in order to respond to tactical operations and high risk situations” and that membership in ASORT “is purely voluntary.” (Doc. 70-1 (“ASORT MSJ”) at 1.) In other words, ASORT is “a body of persons united without a charter,” each of whom is a “voluntary and knowing” member. See Boynton, 252 F.R.D. at 401. Indeed, ASORT all but concedes that it meets this definition: it simply argues that it should be considered a government unit and that government units are by definition not unincorporated associations. As discussed above, ASORT is not a government unit and there are no grounds to concluded that it is; ASORT, rather, is an unincorporated association. 3. Ohio Law Does Not Immunize ASORT from Suit in Federal Court ASORT contends that, if it is an unincorporated association, Ohio law acts to immunize ASORT from suit. While Ohio law allows suits against unincorporated associations, see O.R.C. § 1745, ASORT contends that it is impermissible to sue both an unincorporated association and its members under that law. There are three reasons why this argument is not well-taken. First, state procedural law ordinarily does not govern the right to sue in federal court. Solectron USA, Inc. v. FedEx Ground Package Sys., 520 F.Supp.2d 904, 910 (W.D.Tenn.2007) (“[T]he right to sue in federal court is different from the right to sue in state court, and the [right to sue in federal court] is governed by federal [procedural law] rather than state law.” (quoting Long v. Richardson, 525 F.2d 74, 79 (6th Cir.1975))). Even if the courts of Ohio were to force state litigants to choose between suits against an unincorporated association and its members in all cases, it is not clear that such a rule would have any force in federal court. Second, it does not appear that Ohio procedural law bars a plaintiff from bringing suit against both an unincorporated association and its members as ASORT contends. The statute itself certainly contains no such express limitation. It is unlikely, moreover, that the dicta in the 1961 Ohio Supreme Court case upon which ASORT relies for this proposition, Lyons v. American Legion Post Realty Co., could override the plain reading of the statute. The question before the court in Lyons was whether O.R.C. § 1745.01 abrogated the right to sue individual members of an unincorporated association, a question that court answered in the negative: “[w]e think the new statutes are no more than cumulative and do not abrogate the right to sue the members of the associations if the suitor chooses to proceed in that way.” Lyons v. American Legion Post Realty Co., 172 Ohio St. 331, 175 N.E.2d 733, 736 (1961). The 1961 court also wrote, however, that “[w]here a statute gives a new remedy without impairing or denying one already known to the law, the rule is, to consider it as cumulative, allowing either the new or the old remedy to be pursued at the option of the party seeking redress.” Id. at 735 (emphasis added) (quotation marks and citation omitted). There was no particular reason for the Lyons court to consider the question of whether the remedies were mutually exclusive, however, since the unincorporated association was not a named defendant in that case. It does not seem, moreover, that any court has ever read the Lyons dicta as does ASORT. Subsequent Ohio courts, in fact, have allowed plaintiffs to sue both an unincorporated association and its members. See East Canton Educ. Ass’n v. McIntosh, Case No. 96-CA-0293, 1997 Ohio App. LEXIS 3957, at *37 (Ohio Ct.App. Aug. 18, 1997); Recknagel v. Bd. of Managers of Edenwood Condominium Owners Association, No. 1736, 1983 Ohio App. LEXIS 14099, at *1 (Ohio Ct.App. May 9, 1983). Finally, to the extent that the dicta in Lyons might require an election of remedies in some circumstances, it would not do so on these facts, where the basis of liability against the unincorporated association is different from the basis of liability against the unincorporated association’s members. ASORT is only liable to the extent that it, as distinct from its individual members, proximately caused the deprivation of a constitutional right. See Petty, 478 F.3d at 349; Austin, 195 F.3d at 728. The individual members of ASORT, for their part, are only liable to the extent that they, as distinct from ASORT itself, proximately caused the deprivation of a clearly established constitutional right. See Petty, 478 F.3d at 349; Champion, 380 F.3d at 901. Conversely, Lyons involved a situation in which the basis for liability against the unincorporated association and its members was identical. For each of these three reasons, the argument that Lyons acts to immunize ASORT from suit is not well-taken. D. ASORT is Subject to Suit as an Unincorporated Association In sum, the Court agrees with Judge McHargh that ASORT is subject to suit as an unincorporated association and DENIES ASORT’s Motion for Summary Judgment (Doc. 171) to the extent that it is based on the argument that ASORT is not sui juris. ASORT is not a government entity, meets the definition of an unincorporated association under Rule 17(b)(3)(A), and is not somehow shielded from suit by Ohio law. Whether ASORT is actually liable in this action, of course, will depend upon whether it proximately caused a violation of a constitutional right. See Petty, 478 F.3d at 349; Austin, 195 F.3d at 728. V. EVENTS GIVING RISE TO THE CURRENT DISPUTE On December 26, 2006, 17-year-old Krysten Blevins and her young child moved into 2610 Park Avenue East in Richland County, Ohio to live with Gilbert Rush, Jr. and Melissa Hendrick. (R & R at 8.) Blevins had suffered abuse at the hands of her previous foster mother, Dean-drea Whyel, who had forced her to steal from Wal-Mart and a number of other stores. (Id.) This apparently was not an isolated event; Whyel was part of a retail theft ring. (R & R at 9.) Blevins ultimately complained to the Richland County Juvenile Court about her treatment by Whyel, and that court approved her move into the Rush/Hendrick household, appointing Gilbert Rush to serve as Blevins’ legal guardian. (Id.) Over the next two months, Richland County Children’s Services visited the Rush/Hendrick home on a number of occasions to check-in on Blevins. (Id.) While in the home, the Richland County officials specifically noted that the guns in the household were stored safely in cabinets. (Id.) On February 11, 2007, Blevins and Gilbert Rush called the Richland County Sheriffs office seeking assistance. (Doc. 106-2 at 46^17 (“Ohio Uniform Incident Report”).) They reported that they had received a call in which the unidentified caller had threatened to kill them. (Id.) On February 14, 2007, the sheriff was again called for assistance, when Hendrick tried to kill herself. (Id. at 48-50.) Both of these calls were recorded in official incident reports (see Id. at 46-50), available in summarized form in a database searchable by Richland County law enforcement officials (see Doc. 106 (“Bosko Dep.”) at 106:17-107:10). A.Deandrea Whyel Implicates Her Former Foster Daughter Sometime in late 2006 or early 2007, Mansfield Juvenile Unit Detective Eric Bosko uncovered Whyel’s involvement in the theft ring. (R & R at 9.) He recruited her as a confidential informant, and she provided him information leading to the recovery of stolen property from two separate addresses. (Doc. 170-2 (“Warrant”) at 5.) After providing Bosko this information, she told him to investigate Blevins and to search the Rush/Hendrick home for property that Blevins had stolen. (R & R at 9.) Whyel informed Bosko incorrectly that the Rush/Hendrick home was dangerous; of particular relevance, she told Detective Bosko that there had been a “fairly recent” shooting at the Rush/Hedrick home (Bosko Dep. at 145:13-146:20), that Hedrick always had a loaded gun at the ready (Doc. 110 (“Messer Dep.”) at 5:24-25), and that there were loaded firearms throughout the Rush house (Bosko Dep. at 116:1-7). B.Juvenile Unit Detective Bosko’s Investigation Bosko’s investigation of Blevins was atypical. While he knew that Blevins was a minor who had been one of Whyel’s foster children (id. at 120:20-25), he did not appear to consider this relevant, nor is there any evidence that he attempted to determine why Blevins had been removed from Whyel’s care. He did not attempt to determine if Blevins had any previous involvement with the juvenile court (id. 124:1-6), place any weight in a report that Blevins and Gilbert Rush had called the police seeking protection from death threats (id. at 98:16-99:16; 102:4-103:4.), obtain police records indicating that the police had been called to the home because of a recent suicide attempt by Hedrick, nor observe that no evidence (i.e., a police report) supported Whyel’s contention that there had been a shooting incident at the Rush/Hedrick home. He did, on the other hand, as advised by Whyel, talk to Whyel’s ex-husband Robert Whyel. (Doc. 118-3 (“Bosko Tr.”) at 2.) It appears that the only information Bosko believed relevant to his investigation came from the Whyels. (Bosko Dep. at 94:10-96:14; 145:25-147:2.) Viewing the facts in the light most favorable to the non-moving party, as the Court must on summary judgment, a reasonable jury could conclude, indeed, that Bosko essentially performed no independent investigation whatsoever. (See, e.g., id. at 94:10-96:14; 54:1-8; 145:25-147:2; cf. Doc. 141-1 (“Lyman Rep.”) at 23 (“[Bosko] failed to conduct a proper and thorough investigation .... [which] resulted in an overreliance on false or misleading information.”).) C.The February 28, 2007 Search Warrant On February 28, 2007, Detective Bosko applied for a search warrant for the Rush/Hendrick household. (See Warrant.) His affidavit was based entirely on the information he obtained from the Whyels. (Bosko Tr. at 2.) Detective Bosko stated that: • Krysten had stolen some items from a Wal-Mart, which were at the Rush house. • John Rush was a felon who had previously stolen a handgun, car stereo, and speakers, which were located at the house. • Melissa Hedrick, a resident of the house, was in possession of illegally obtained prescription medication, which made her paranoid. She possesses a loaded handgun at all times. • Residents in the house had numerous firearms, all of which were positioned so as to be available for self-defense. • Two dogs were on the exterior of the residence. (See Warrant.) Little of this information would prove true. For example, while Hedrick does suffer from bipolar disorder, she takes a prescription obtained legally to treat this illness. (Doc. 232 (“Hedrick Dep.”) at 17:1-8.) 1. Detective Bosko Requests the Assistance of ASORT After securing a warrant, Detective Bos-ko went to the home office of Mansfield Police Chief Phil Messer and requested authorization to use ASORT. Chief Mes-ser explained that when Bosko came to Chief Messer’s house: I asked [Bosko] what the foundation was [for the request to use ASORT]. There’s — obviously there’s a policy that broadly dictates when a tactical team is to be used. He shared with me that a couple of occupants in the house were known to have weapons in the house. I believe the male occupant was known, according to his informant, to have a weapon near the kitchen or inside the house and that a female occupant was known to have a handgun as she moved about the house. And for that reason, they were seeking a nighttime search warrant, which I believe at that time had already been approved by a judge, and that they sought permission to additionally use the tactical team, which I approved. (Messer Dep. at 5:16-6:5.) Detective Bosko told Chief Messer that the search warrant was for stolen property and drugs (id. at 6:23-7:1), although Detective Bosko did not tell Chief Messer any particular information about the quantity or type of drugs, nor the value of the property (id. at 7:2-17). Indeed, Chief Messer did not ask any additional questions, nor was he given any additional facts. (Id. at 6:6-12.) Based on this information, Messer authorized Detective Bosko to seek help from ASORT. (Id. at 5:17-6:5.) The Rush/Hedriek home was outside of Mansfield, within the jurisdiction of the Richland County Sherriff. (Doc. 109 (“Sheldon Dep.”) at 7:17-20.) Richland County Sherriff Jesse Stephen Sheldon explained, however, that neither he nor any other Richland County official needed to give permission for Mansfield to deploy ASORT there. (Id. at 7:21-8:14; cf. id. at 10:14-17 (“I did not go into the briefing [prior to the raid on the Rush/Hedrick home]. I just went behind the Mifflin Fire Department to be there after they executed the search warrant as an observer just to see how the warrant went.”).) 2. Detective Bosko Briefs ASORT Detective Bosko describes what happened next: I talked to [ASORT] team leader [and Mansfield Police Officer] Rich Miller on the phone that evening ... [I] briefed him on information I had .. and that I had obtained a nighttime search warrant. He agreed with that. When we briefed or met at the Mansfield Police Department, I physically had transported Rich Miller out there to do the drive-by, or what they call a scouting report. After doing a scouting report at the residence at 2619 Park Avenue East, he made a determination based on the fact of the information we had at hand, the layout of the structure, the dwelling at 2619 Park Avenue East, that it would be too dangerous for detectives to provide perimeter of the residence, that they would call additional team members to handle that. We then went back to the station. We then went back to MET-RICH where we conducted the formal briefing.... [At the briefing] I provided them information as to the information I had on the persons in the house, the information I received from the confidential informants, and I had actually met with the confidential informant before going to the briefing and received information not to do the search warrant on the weekend due to the fact that the occupants at 2619 would engage in heavy drug and alcohol usage and there would be a likelihood of violence if we attempted to do anything on the weekend. I relayed that to the ASORT members. (Bosko Dep. at 138:24-142:14.) Neither Team Leader (and Mansfield Police Officer) Richard Miller nor ASORT Commander (and Shelby Police Captain) Michael Lance Combs asked any questions to confirm the accuracy of this information, notwithstanding that it was presented by a detective in the juvenile crimes unit who was investigating the theft of some property from a local retail store. (Doc. 124-5 (“Miller Dep.) at 29:3-5 (explaining that Miller did not consider it his responsibility to confirm the accuracy of information); id. at 27:24-28:4 (explaining that Miller did not know if it was Bosko’s responsibility to ensure that the information he provided ASORT was reliable); id. at 27:12-17 (explaining, when questioned a second time, that Miller assumed that it would be Bos-ko’s responsibility to ensure that information passed to ASORT was accurate); Doc. 229 (“Combs Dep.”) at 104:14-21 (Question: So you don’t get involved in determining the credibility or the reliability of the information relied upon [prior to deploying ASORT]; is that fair? Answer: I would have no way of doing that. We don’t get involved in the investigating preceding the raid or the warrant.”).) Although the warrant was valid for another three days, moreover, ASORT and Bosko chose to execute the warrant approximately five hours after Bosko first received it. (See Warrant.) No member of ASORT appears to have considered it their responsibility to question whether Detective Bos-ko had learned any other information that might arguably be relevant, or to attempt to discover any other relevant information themselves (i.e., that the targets of this raid had themselves requested police assistance less than two weeks prior). (Doc. 109 (“Sheldon Dep.”) at 78:18-23 (“The ASORT team has a specific function. The ASORT team was directed that they needed to gain entry into this house. They had nothing to do with the investigation.”). 3. The Execution of the Search Warrant Based entirely on Bosko’s briefing and a “drive-by” that ASORT Team Leader Miller had done of the property, Miller developed an operational plan for the service of the search warrant. (Miller Dep. 17:24-18:5.) ASORT did not deviate from this plan. (Combs Dep. at 184:6-11.) At approximately 11:00pm that evening, ASORT arrived at the Rush/Hedrick home to execute the search warrant. (Id. at 7; Doc. 169 (“Mansfield MSJ”) at 10.) When ASORT arrived, the lights were off in the home and there was no sign that anyone might be awake. (R & R at 8.) Gilbert Rush, in particular, was asleep. (Id, at 31.) Combs threw a flash grenade into the air. (Id. at 34.) This was designed to confuse the residents of the Rush/Hedrick home. (See Combs Dep. at 151:17-19 (explaining that the purpose of the flash grenade.was to cause a “substantial distraction”).) The other law enforcement personnel on the scene simultaneously began to shout police and bang on the door. (R & R at 35; 9/2/09 Hrg. Tr. at 36:18-21 (“THE COURT: So the ‘knock and announce’ you are saying is ‘grenade and announce’? MANSFIELD ATTORNEY: Correct. Correct. And that’s what the testimony shows.”).) So, too, the ASORT members pointed their assault weapons at the windows of the house, although these were equipped with extremely bright lights that prevented residents from making a visual identification of the police. (Id.) From inside the house, the residents could not hear that it was the police — they merely heard “banging and yelling.” (Id.) During this time, Officer Wheeler used a battering ram to enter the residence. (Mack Dep. 81:11— 15; Doc. 169-22 (“Wheeler Ex.”) at 4.) As the above events transpired, Gilbert Rush awoke and retrieved a firearm. He turned on the kitchen light and appeared at the window holding his single-shot shotgun. (R & R at 10.) Richland County SherrifPs Deputy Robert Gouge then shot at Rush. (Id.; id. at 36.) Rush responded to that gunfire (id.) and multiple assault weapons were then discharged into the kitchen (id. at 10). ASORT Team Members Jason Bammann and Raymond Frazier forced entry into the house through the frontdoor. (Id.; id. at 40; Doc. 170 (“ASORT MSJ”) at 32.) They yelled “police, search warrant!” and ran into the kitchen. (Id.) There, they encountered Gilbert Rush, who was seated on the floor with blood running down his face. (R & R at 10.) His unloaded shotgun was pointing at Bammann and Frazier, who then shot Gilbert Rush, killing him. (Id. at 10, 40.) D. The Aftermath of the Search In the minutes after the fatal shooting, Sheriff Sheldon called one of his investigators, Captain Larry Faith, to conduct an investigation “[t]o determine all what happened, who was there and what were all the circumstances surrounding it.” (Sheldon Dep. at 22:8-10.) Sheldon explained why he chose Faith: Captain Faith is an excellent, excellent detective. He’s been with the Sheriffs Office probably for about 35 years, probably one of the best investigators I know. He was in charge of the detective bureau for a long time. He retired and I brought him back as a fiduciary employee, at-will employee and he works directly for me as an administrative assistant and he handles what I would consider high profile cases and/or internal affairs investigations. (Id. at 21:9-17.) Sheldon also called the Bureau of Criminal Investigation (“BCI”) for additional assistance with the gathering of physical evidence because “they have better equipment and more equipment such as cameras and lighting and they’re more CSI capable than what the Sheriffs Office is and/or in my opinion the Mansfield Police Department.” (Id. at 20:12-17.) Chief Messer explained, as well, that he relied upon Sherriff Sheldon’s and Captain Faith’s judgment with respect to the investigation. (See Messer Dep. 110 at 18:22-19:8 (“I was told that the sheriff designated Captain Larry Faith to be the lead investigator. He’s a sheriffs deputy----I was to appoint a liaison officer to work with Larry to help facilitate whatever he would need.” (question omitted)).) Captain Faith could not recall whether he had ever been asked to investigate the use of force before, but believed that he “probably” had. (Doc. 230 (“Faith Dep.”) at 11:15-18.) Captain Faith describes what happened when he arrived at the Rush/Hedrick home briefly after the shooting: Then [Sherriff Sheldon] and I walked up towards the house. We both walked in the house, and he showed me the outside of the house where windows had been shot out. And then we walked in the house. I walked in through the breezeway, into the house, and then into the kitchen. And once I got into the kitchen, I saw the body of Gilbert Rush, Jr. lying on the floor. I just gave a quick look around and walked out through the kitchen, dining room, through the living room and went outside. (Id. at 14:8-16.) After the walk-through, Sherriff Sheldon explained to Captain Faith that Faith would need to investigate the shooting officially. (Id. at 15:9-12.) Captain Faith testified that he considered this investigation no different than any other homicide investigation he might perform: Q. And what kind of investigation did you understand that you would be in charge of? A. Finding out what occurred, what happened. Q. Was this a homicide investigation? A. I don’t know if I thought of it as a homicide investigation or a shooting and a man was killed. I don’t know in my mind at that time, I don’t know. All I thought about was that there was a shooting and a subject ended up being killed and I was going to try to find out — I was supposed to find out what happened Q. So was th