Case Details
- Judge(s)
- Sheehan
- Status
- Published
- Procedural Posture
- motion to dismiss
Related Laws
No specific laws identified for this ruling.
Claim Types
Outcome
The trial court denied Chief Williams's motion to dismiss plaintiff's claims against him in his personal capacity for intentional infliction of emotional distress and obstruction of justice, and the appellate court affirmed this decision, allowing the case to proceed.
Excerpt
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.
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