In the case of Thompson v. Cuyahoga Cty. Clerk of Courts, 8th Dist. Cuyahoga No. CV-19-914989, 2020-Ohio-382, an Ohio appellate court held that a clerk of courts is a political subdivision that can qualify for political subdivision immunity.
In this case, an appellant mailed an affidavit stating that a witness committed perjury during his trial. The Clerk of Courts misfiled the affidavit as a civil complaint and charged the appellant a complaint filing fee. The appellant sued for the misfiling, and the Clerk of Courts raised a defense of political subdivision immunity under R.C. Chapter 2744.
The Ohio appellate court held that the Clerk of Courts was immune from liability because filing of legal documents is a governmental function qualifying for political subdivision immunity and appellant was unable to show that an exception applied.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
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