In the case of Daher v. Cuyahoga Community College Dist., 2021-Ohio-2103, the Eighth District Court of Appeals held that statements made to a grand jury are subject to absolute immunity and that immunity prevents the testimony from being used as evidence in a civil action.
Here, an individual filed a civil action against several parties alleging that false and misleading statements were made to the grand jury and the ensuing investigation was in retaliation against the individual. The individual sought transcripts of the grand jury testimony to use as evidence in the civil suit, arguing the transcripts were not immune because they contained false testimony. The Court disagreed.
The court reasoned that testimony provided at a grand jury hearing is always immune from a request and there were no exceptions present in this case to overcome the immunity, and without the grand jury transcripts, the civil suit had no factual support and was dismissed.
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 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.