The defendants, Keith Mallory and Madison Township Police Department (MTPD), brought a motion under Rule 21 of the Rules of Civil Procedure to dismiss the plaintiff's action against them for disclosing no reasonable cause of action and on the basis of forum non conveniens.
The plaintiff, Natenon Tongtae, suffered severe injuries in Ontario after being released by an Ontario police officer who had communicated with the Ohio defendants regarding the plaintiff's missing person status and mental health.
The court dismissed the defendants' motions, finding that the Statement of Claim disclosed a reasonable cause of action in negligence and that Ontario had a real and substantial connection to the action, making it the appropriate forum.
