Evan Foley was stopped on the street by UD police and arrested for burglary. The next day police arrested Andrew Foley and Fagans. Charges against Andrew Foley and Fagans were dismissed and those against Evan Foley were resolved, according to court documents.
In March 2015, Fagans and the Foley brothers filed a federal civil suit against UD for false arrest and against Groff and Groff’s roommate Dylan Parfitt for “negligent misidentification.”
The federal court asked the Ohio Supreme Court to clarify matters of state law.
The state Supreme Court declined to recognize the tort of negligent misidentification for people who are wrongly identified as committing a crime and who are harmed as a result.
Although courts sometimes recognize new civil remedies, in this case doing so would conflict with public policy that encourages people to report crimes and help police. “The tort of negligent misidentification would have a chilling effect on that public policy,” wrote Justice Sharon Kennedy in the majority opinion.
Justice Bill O’Neill dissented, saying the majority took too narrow a view of the case law on negligent misidentification.
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