City of Cleveland

Civ.R.12(B)(6) motion to dismiss immunity of political subdivision employee R.C. 2744.03(A)(6). The trial court's judgment denying the police chief's motion to dismiss based on his claim of immunity as a political subdivision employee is affirmed. Presuming all the factual allegations to be true and making all reasonable inferences in plaintiff's favor, we cannot conclude that plaintiff could prove no set of facts to show the police chief acted with malicious purpose, in bad faith, or in a wanton or reckless manner.

Civ.R. 56/summary judgment civil service examinations eligibility back pay, seniority attorney fees use of competitive exam writ of mandamus. The trial court's writ order requiring the city to administer competitive examinations was clear and unambiguous and not in need of clarification. The trial court did not err in denying the relator-appellant's request for back pay and other benefits. The trial court did not abuse its discretion by denying the appellant's request for attorney fees because there was no bad faith on the part of the appellee.