In the case Lemley v. Lorain, 2021-Ohio-2869, the Ninth District Court of Appeals held that an individual’s claims against the City of Lorain and individual police officers will not be dismissed based on statutory immunity.
Here, an individual brought a malicious prosecution claim alleging that the actions of the officers was outside the scope of their employment and as such they could he held liable along with the city.
The government argued that because the individual did not include any exceptions to immunity when raising their initial claims, that immunity applied and the case should be dismissed. The Court of Appeals disagreed.
The Court held that a party is not required to respond to an immunity defense before it is made.
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.