Moore v. Cleveland
Case Details
- Judge(s)
- Gallagher
- Status
- Published
- Procedural Posture
- summary judgment
Related Laws
No specific laws identified for this ruling.
Excerpt
Political subdivision immunity employee summary judgment R.C. 2744.03(A)(6) public duty duty traditional tort special relation wanton reckless perverse disregard known risk rape investigation known offender. Trial court's decision to grant summary judgment on the basis of immunity for employees of a political subdivision under R.C. 2744.03(A)(6)(b) was reversed only as to the investigating detective because, from the evidence in the record, reasonable minds could conclude that she acted in a reckless manner in conducting a rape investigation involving a known offender and acted with a perverse disregard of a known risk. As to the remaining employees, there was no evidence that they acted with malicious purpose, in bad faith, or in a wanton or reckless manner. Unless the Ohio Supreme Court determines otherwise, traditional tort concepts of "duty" will not be considered under the immunity analysis, which is to be conducted in conformance with the express legislative mandate in R.C. 2744.03(A)(6)(b).
What This Ruling Means
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