# Morgan v. City of Cincinnati

> Ohio Supreme Court · August 13, 1986 · 25 Ohio St. 3d 285

URL: https://www.frixlaw.com/law-library/cases/6759446

## Case

- **Full name:** Morgan v. City of Cincinnati
- **Court:** Ohio Supreme Court
- **Decided:** August 13, 1986
- **Citations:** 25 Ohio St. 3d 285; 25 Ohio B. 337; 496 N.E.2d 468; 1986 Ohio LEXIS 730
- **Precedential status:** Published
- **Opinion:** Dissent by Locher
- **Judges:** Brown, Celebrezze, Douglas, Holmes, Locher, Sweeney, Wright
- **Cited by:** 35 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/6759446

## Opinion text

Locher, J.,
dissenting. I must dissent for two reasons. First, the majority’s decision to “limit!’ State, ex rel. Gibbons, v. Cleveland (1984), 9 Ohio St. 3d 216 , is not persuasive. In Gibbons, this court held that “no legal right to back pay can be established before an appointment has occurred, regardless of the reasons for the failure to appoint.” (Emphasis added.) Id. at 217 . This language could not be more clear.
Second, the majority simply assumes that Morgan and Hines would have been as successful on a civil service examination held on January 7, 1976, as they were on the actual examination held on March 18, 1976. The “rankings” of Morgan and Hines may have been lower had they taken the examination in January. Thus, their promotions may not have been received following that examination. The majority’s decision to saddle the *293 city of Cincinnati with additional expenditures, by awarding back pay and seniority for the period of delay, is based on nothing but pure speculation. For these reasons, I respectfully dissent.
Wright, J., concurs in the foregoing dissenting opinion.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/6759446. Public record. Not legal advice.