No specific laws identified for this ruling.
Ohio State University violated the Public Records Act by redacting the name of an uncharged suspect from an incident report for eight months; the redaction exception did not apply to initial police reports.
public record court of claims R.C. 2743.75 R.C. 149.43 149.43(A)(2) investigatory uncharged suspect initial incident report moot reasonable period of time capable of repetition evading review naming labeling aggrieved person. Overview: Requester sought all police reports naming or involving listed university students and respondent had provided some records. Respondent redacted the name of one student, a suspect in the investigation of an alleged rape, from a report created by the first responding officer. Respondent asserted that the document was not an initial incident report - a type of law enforcement record to which the "uncharged suspect" exception asserted by respondent did not apply – but merely an "unapproved draft" in the investigation file. During litigation, respondent disclosed the suspect's name to the requester. The special master found that respondent's disclosure rendered the claim for production moot, but that the issue of whether production had been timely remained for determination. The special master further found that respondent's characterization of its police records involved important issues capable of repetition yet evading review. The special master found that the record underlying the dispute was an initial incident report compiled as such pursuant to the university police department's general orders and records management system. The special master recommended the court grant respondent's motion to dismiss the claim for production as moot, and further recommended the court find that respondent had failed to provide the requested report within a reasonable period of time.
This summary was generated to explain the ruling in plain English and is not legal advice.
Civ.R. 56, hostile work environment, constructive discharge. Plaintiff failed to produce a genuine issue as to any material fact that he was subjected to a hostile work environment based on his race or national origin, or that he was constructively discharged. The alleged hostile actions and commentary made by other employees were not racially based and did not materially disrupt plaintiff's work. As plaintiff's experiences amounted to no more than ordinary tribulations of the workplace, plaintiff's hostile work environment claims failed. For the same reasons, plaintiff failed to sustain his constructive discharge claim. Summary judgment was granted in favor of defendant pursuant to Civ.R. 56.
The Court of Claims did not err in granting Ohio State University's ("OSU") motion for summary judgment on the employment discrimination claim or in dismissing the breach of contract claim based on a collective bargaining agreement for lack of subject-matter jurisdiction.
Summary Judgment, Qualified Immunity, Civ.R. 56(C), 28 U.S.C. 1367(d), Civil Conspiracy, Wrongful Termination. Defendant established that tolling statues did not apply to Plaintiff's claims for civil conspiracy and wrongful termination in violation of public policy as the state of Ohio has consented to be sued in only one forum – the Court of Claims. Additionally, the Court held that the savings statute did not apply to Plaintiff's third attempt at filing the same claims. The remainder of Plaintiff's claims for conversion, intellectual theft, unjust enrichment, and lost opportunities were held to be untimely filed. Plaintiff's initial cause of action originated more than four years prior to the filing of this case. Accordingly, Defendant's motion for summary judgment was granted.
Civ.R. 56; motion for summary judgment; race discrimination; age discrimination; hostile work environment; retaliation. Defendant was entitled to summary judgment on plaintiff's claim that defendant unlawfully discriminated against her based on race and age because plaintiff could not establish a prima facie case of age discrimination and the evidence presented showed that defendant terminated plaintiff's employment for a legitimate, non-discriminatory purpose. Defendant was also entitled to summary judgment on plaintiff's claim for hostile work environment because none of the evidence showed that the alleged harassment that plaintiff experienced was based upon race or age. Finally, defendant was entitled to summary judgment on plaintiff's claim for retaliation because plaintiff could not establish a prima facie case of retaliation as plaintiff could not show a causal connection between her protected activity and the termination of her employment. Judgment for defendant.
Civ.R. 56; motion for summary judgment; University of Toledo Athletic Department; athletics; negligent misrepresentation; promissory estoppel; negligence; discretionary immunity. In an action where plaintiff was removed from University of Toledo's women's soccer team, the court found that defendant was entitled to discretionary immunity for the decision to remove plaintiff from the team. Defendant was entitled to summary judgment on plaintiff's claim for negligent misrepresentation because plaintiff failed to demonstrate that defendant supplied false information to plaintiff that the document plaintiff signed was a National Letter of Intent, and therefore, plaintiff failed to satisfy all the elements of the claim. Defendant was also entitled to summary judgment on plaintiff's claim for promissory estoppel because the court found that plaintiff's relationship with University of Toledo was contractual in nature, and therefore, the claim failed as a matter of law. Defendant was further entitled to summary judgment on plaintiff's claim for negligence as the court concluded that plaintiff failed to state a prima facie case for the claim since plaintiff pointed to no facts or supportive law that would allow the court to conclude that a duty of care existed to provide a safe team environment free from abuse, harassment, ridicule, embarrassment, and hostility. Judgment for defendant.
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