OH5: Trial court’s finding of officer’s credibility where dashcam didn’t help was binding on appeal

The dashcam video was inconclusive on whether defendant stopped, but the trial court credited the officer, and that’s binding on the court of appeals. State v. Blasingame, 2020-Ohio-3087, 2020 Ohio App. LEXIS 2029 (5th Dist. May 21, 2020).*

Two dashcam videos don’t conclusively resolve the legality of plaintiff’s arrest, so summary judgment was inappropriate. “Construing the facts in the light most favorable to Patel and relying, as we must, on his version of the encounter where it is not contradicted by the video recording, we conclude that a jury could reasonably find that Patel was not resisting when Parker forcefully took him to the ground and that Parker’s force was both gratuitous and excessive.” Patel v. City of Madison, 2020 U.S. App. LEXIS 16767 (11th Cir. May 27, 2020).

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