Opinion

Gumpl v. Bost

  • 81 Ohio App. 3d 370
  • 611 N.E.2d 343
  • 1992 Ohio App. LEXIS 3122
Court
Ohio Court of Appeals
Filed
Jun 15, 1992
Status
Published
Author
Jones
On the bench
Walsh, Young, Jones
Cited by
8 cases

explaining the distinctions between federal and Ohio immunity law

How later courts described this case

  • explaining the distinctions between federal and Ohio immunity law
  • “Even though the state was not named as a party and no recovery was sought from the state, R.C. 2743.02(F) requires a determination of appellees’ immunity by the Court of Claims.”

Written by the judges who cited it.

The opinion

Jones, Presiding Judge,

dissenting.

The majority’s holding that R.C. 2743.02(F) does not apply to actions filed pursuant to Section 1983, Title 42, U.S.Code

et seq.

is erroneous. The Ohio legislature adopted R.C. 9.86, waiving sovereign immunity for the state and its officers and employees only in circumstances where the officer’s or

*376

employee’s conduct was manifestly outside the scope of his employment or responsibilities, or that the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner. The phrase

under the law of this state

does not, perforce, eliminate immunity for the state officer or employee for civil claims simply because the civil action is not based on violation of a particular state law codified by the General Assembly. A Section 1983 action, although based upon violation of a federal statute, is nevertheless an “action that

arises

under the law of this state”

when filed in a state court.

It is therefore necessary that the issue of immunity be determined by the Court of Claims pursuant to R.C. 2743.02(F).

The plaintiff is not deprived of compensation for alleged wrongs by the requirements of R.C. 2743.02(F). The statute merely sets forth a procedure to determine immunity.

Narduzzi v. Looby

(Nov. 6, 1989), Mahoning App. No. CA3, unreported, 1989 WL 137216 . R.C. 2743.02(F) applies to federal claims as well as state claims.

Mitchell v. Med. College Hosp. of Ohio

(Sept. 30, 1991), Lucas App.No. L-90-384, unreported, 1991 WL 192716 ;

Bell v. Newnham

(Sept. 14, 1990), Lucas App. No. L-89-373, unreported, 1990 WL 131972 ;

Mullins v. Rower

(Mar. 20, 1991), Allen App. No. 1-90-6, unreported, 1991 WL 44174 .

I would affirm.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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