In the case of Gaither v. Kelleys Island Local School Dist. Bd. of Edn., 2023-Ohio-1299, an appellate court held that a complaint may (1) be made against a superintendent in the superintendent’s individual capacity by alleging actions the superintendent took rather than stating the complaint is against the superintendent in the superintendent’s individual capacity and (2) sufficiently put a superintendent on notice that a statutory immunity exception under R.C. 2744.03(A)(6) applies rather than prove an exception applies.
In this case, the parents argued that (1) the complaint referred to actions that the superintendent took personally and (2) the complaint alleged that the superintendent acted in bad faith by not adequately addressing the bullying situation. In response, the superintendent argued that the parents (1) did not specify in the complaint that the claims were against the superintendent in the superintendent’s individual capacity and (2) failed to allege enough facts to clear the hurdle of statutory immunity. The appellate court agreed with the parents.
In support of its decision in favor of the parents, the appellate court explained while the parents could have made it more clear the complaint was against the superintendent in the superintendent’s individual capacity, “the allegations in the complaint, when considered in favor of the [parents], refer to actions taken by [the superintendent] personally and therefore sufficiently assert claims against [the superintendent] in an individual capacity.” 2023-Ohio-1299 at ¶ 25. The appellate court further explained that the parents only needed to put the principal “on notice” that the statutory immunity might not apply, not prove it beyond a doubt.
To read this case, click here.
NOTE: This case was about determining a pretrial motion to dismiss based on immunity. The actual result of the case may be entirely different.
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.