Powlette v. Carlson
Case Details
- Judge(s)
- Donovan
- Status — whether other courts must follow this ruling
- Published
- Procedural Posture — the stage the case had reached
- appeal
Related Laws
No specific laws identified for this ruling.
Outcome
The trial court granted the defendant zoning inspector's motion for judgment on the pleadings, dismissing the plaintiff's malicious prosecution claim based on governmental immunity under Ohio law. The court of appeals affirmed, finding the plaintiff failed to allege sufficient facts to support malicious prosecution and that the defendant was immune from liability.
Excerpt
The trial court correctly granted judgment on the pleadings in favor of appellee-zoning inspector on appellant's complaint for malicious prosecution. Although appellant's minor misdemeanor conviction for advertising and operating a bed and breakfast in an agricultural district was reversed on appeal, appellee was entitled to statutory immunity as an employee of a political subdivision and did not act outside the scope of his employment, with malicious purpose, in bad faith, or in a wanton or reckless manner. Judgment affirmed.
What This Ruling Means
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