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Category: Case Updates

Court decisions from across the country have implications right here in Ohio. Here is a selection of recent cases, and why they matter.

Office Acted Under Color of State Law so Department Liable

In the case Black v. Hicks, 2020-Ohio-3976, 2020 Ohio App. LEXIS 2869, an Ohio appellate court found that in a 42 U.S.C.S. § 1983 case, it was not error to find appellants vicariously liable for a police officer’s misconduct under Monell. While the officer was off duty, wearing plain clothes, and driving an unmarked car […]

Is Filling A Pothole an Official Judgment?

In the case of Bieber v. Perry Cty. Bd. of Comm’rs, 2020-Ohio-3996, 2020 Ohio App. LEXIS 2900, an Ohio appellate court found that the trial court did not err in denying defendant-county’s motion for summary judgment claiming statutory immunity where procedures for filling a pothole did not demonstrate weighing alternatives or making decisions requiring official judgment, […]

Providing Street Lighting is not Establishment of Utility

In the case Georgantonis v. City of Reading, 2020-Ohio-3961, 2020 Ohio App. LEXIS 2853, an Ohio appellate court found that the plaintiff’s mere assertion that the street-lighting system was a utility was insufficient to establish that it was a utility for purposes of R.C. 2744.01(G)(2)(c). By establishing a lighting system, the city was not engaged […]

Trial Court Erred in Vacating Arbitrator’s Award

In the case Cuyahoga Cty. v. United Autoworkers Region 2-B, Local 70, Correction Officer Corporals’ Bargaining Unit, 2020-Ohio-3965, 2020 Ohio App. LEXIS 2866, an Ohio appellate court found that in county’s appeal of arbitrator’s award in favor of corrections officers union following termination of officer, trial court erred in vacating arbitrator’s award of suspension and […]

Officer Passenger not Reckless so Entitled to Immunity

In the case Carter v. Officer Hymes, 2020-Ohio-3967, 2020 Ohio App. LEXIS 2870, an Ohio appellate court found the trial court should have granted the motion for summary judgment filed by the officer who was a passenger in the police car because reasonable minds could only conclude that his conduct as a passenger of the […]

No Disability Discrimination When No Adverse Employment Action was Taken

In the case Toland v. Dep’t of Mental Health & Addiction Servs., 2020-Ohio-3864, 2020 Ohio Misc. LEXIS 116, an Ohio appellate court found that plaintiff employee failed to state a prima facie claim for disability discrimination because she did not establish that she suffered an adverse employment action since there was no evidence her employment […]

CEO Did Not “Receive or Collect” Public Money

In the case State ex rel. Ohio AG v. Burns, 2020-Ohio-3820, 2020 Ohio App. LEXIS 2728, an Ohio appellate court found that a school’s CEO did not “receive or collect” public money within the meaning of R.C. 9.39 because the funds at issue were directed to and controlled by the school’s CFO, the CEO was […]