In the case of Steele v. City of Cincinnati, 1st Dist. Hamilton No. C-180593, 2019-Ohio-4853, an Ohio appellate court held that police serving as security detail for a nightclub can constitute a governmental function for the purposes of statutory immunity.
In this case, a bystander was shot at a nightclub where city police were serving as security detail. The shot bystander sued the city police and the city alleging that the city policy breached their duty to protect nightclub patrons from harm.
The Ohio appellate court held that the city police and city were entitled to statutory immunity because they were providing security for the purpose of enhancing police visibility which the Ohio appellate court found to be a government function. Thus, the Ohio appellate court ruled for the city police and city because it found the city police’s conduct did not satisfy any statutory immunity exception.
To read this case, click here.
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 always changing like the 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.