# Henderhan v. Jackson Township Police Dept., 2008-Ca-00055 (3-2-2009)

> Ohio Court of Appeals · March 2, 2009 · 2009 Ohio 949

URL: https://www.frixlaw.com/law-library/cases/3690799

## Case

- **Full name:** Pamela Denczak Henderhan v. Jackson Township Police Department
- **Court:** Ohio Court of Appeals
- **Decided:** March 2, 2009
- **Citations:** 2009 Ohio 949
- **Precedential status:** Published
- **Opinion:** Dissent
- **Judges:** GWIN, J.
- **Cited by:** 0 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/3690799

## Opinion text

{¶ 96} I respectfully dissent from the majority's view in Assignments of Error II, III, and VII that R.C. 2744.05 (A) abrogates the provisions of R.C. 2744.09 which specifically excludes employment claims from the provisions of R.C. Chapter 2744 .
{¶ 97} R.C. 2744.09 specifically exempts employment claims as set forth in the majority opinion at ¶ 30-33. Pursuant to the unambiguous language contained therein, sovereign immunity protection is abrogated for employment claims regardless of the lack of a statutory directive in R.C. 4112.99 .
{¶ 98} I would find punitive damages may be assessed against a political subdivision in cases such as the one sub judice. *Page 1

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/3690799. Public record. Not legal advice.