On December 9, 2019, Matthew John Markling is presenting a legal update to new educational service center superintendents. Mr. Markling’s presentation will address current legal issues facing Ohio’s ESCs and their stakeholders. Mr. Markling serves as General Counsel to OESCA, which represents the superintendents, teachers, supervisors and other personnel of Ohio’s ESCs and seeks to promote excellence […]
The Ohio Ethics Commission just published its newest newsletter, “The Voice of Ethics,” which can be viewed here. Past newsletters from the Ohio Ethics Commission can be viewed here. McGown & Markling is often asked to opine on various ethics issues, but the best ethics advice comes straight from the Ohio Ethics Commission itself. To […]
In the current class action lawsuit Doe v. State of Ohio, S.D. Ohio No. 2:91-cv-00464, a federal district court has preliminarily approved a settlement agreement that would transform Ohio’s schools’ approach to educating students with disabilities. In this case, a class of plaintiffs filed a lawsuit against the State of Ohio for failing to provide […]
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 […]
In the case of McConnell v. Dudley, Slip Opinion No. 2019-Ohio-4740, the Ohio Supreme Court held that negligence in the hiring, training, or supervising of a police officer who is subsequently involved in a motor-vehicle accident does not constitute an exception to the general statutory immunity of political subdivisions. Generally, under R.C. 2744, political subdivisions […]
In the case of Ellsworth v. Streetsboro City Sch. Dist. Bd. of Educ., 11th Dist. Portage Nos. 2018-P-0104, 2018-P-0105, 2019-Ohio-4731, an Ohio appellate court held that a school board can disagree about what constitutes hazing with an appointed referee. In this case, two instructors ran a band camp where incidents of alleged hazing occurred. The […]