Case law

Eulrich v. Weaver Bros., Inc.

165 Ohio App. 3d 313 · Ohio Court of Appeals · Nov 7, 2005

929.04 states: In a civil action for nuisances involving agricultural activities, it is a complete defense if: (A) The agricultural activities were conducted within an agricultural district; (B) Agricultural activities were established … Clearly, R.C. 929.04 provides an affirmative defense against nuisance actions to qualified agricultural districts.

State, Ex Rel. Hostetter v. Hunt

56 Ohio App. 120 · Ohio Court of Appeals · Mar 17, 1936

they have been the duly appointed, qualified and acting executors of the last will and testament of Carrie Jacobs Brown and of her estate. … , not an immunity from the collection of a valid tax.

Bell v. Horton

107 Ohio App. 3d 824 · Ohio Court of Appeals · Dec 20, 1995

In order to establish a qualified privilege, it must be shown that the defendant communicated *830 in good faith. … The complaint on its face does not establish the existence of a qualified privilege and the defendants may not establish the existence of an affirmative defense by a motion to dismiss under Civ.R. 12(B)(6).

Hignett v. Schwarz

2011 Ohio 3252 · Ohio Court of Appeals · Jun 30, 2011

Hignett had not established “that it was [Mr.] … That was sufficient to satisfy its initial burden on summary judgment that it qualified for immunity under the first tier of immunity analysis. See, e.g., Cornelison v. Colosimo, 11th Dist.

Singer v. City of Fairborn

73 Ohio App. 3d 809 · Ohio Court of Appeals · Jul 9, 1991

may be asserted to establish nonliability: (< * * * “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division, the employee is immune from … We conclude that members of the planning board are provided with qualified immunity pursuant to R.C. 2744.03. The elements of Ohio’s good faith immunity defense include: 1.

Smith v. Wait

46 Ohio App. 2d 281 · Ohio Court of Appeals · Dec 29, 1975

The state has waived its immunity from liability and consented to be sued in the newly-established Court of Claims by recently enacted R. … C. 1707.09 does not in and of itself establish new civil liability upon anyone in view of R.

Caraballo v. Cleveland Metro. School Dist.

2013 Ohio 4919 · Ohio Court of Appeals · Nov 7, 2013

Complaint ¶ 9, 10, 25. {¶29} R.C. 2744.03 “lists defenses for political subdivisions once an exception to sovereign immunity has already been established.” Sims, 8th Dist. … may be asserted to establish nonliability: *** (5) The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of

Dunkle v. Children's Hosp. Med. Ctr. of Akron

2013 Ohio 5555 · Ohio Court of Appeals · Dec 18, 2013

In addition to absolute immunity for the making of the report, mandatory reporters are entitled to qualified immunity for their participation in a judicial proceeding. Id. … Steiner was entitled to absolute immunity for his participation in judicial proceedings. The Parents do not clearly articulate which of Dr.

Brannon v. Troutman

75 Ohio App. 3d 233 · Ohio Court of Appeals · May 27, 1992

The trial court erred to the substantial prejudice of appellants when the court gave a jury charge different than the written charge, orally, qualified, modified, and explained the charge involving immunity, in violation … The initial answer of Maurer and Williams clearly set forth the immunity defense in unequivocal terms. *243 Brannon and Hill next argue that immunity is a purely legal matter which should not have been submitted to the jurors

Reinhold v. Univ. Hts.

2014 Ohio 1837 · Ohio Court of Appeals · May 1, 2014

Cleveland, 99 Ohio St.3d 215, 2003-Ohio-3319, 790 N.E.2d 781, ¶ 9. {¶13} It is undisputed that the City qualifies as a “political subdivision” under R.C. 2744.01(F). … Therefore, R.C. 2744.02(B)(2) clearly removes the shield of immunity from the City. {¶17} Immunity is re-established if one of the defenses or immunities listed in R.C. 2744.03 is applicable.

State Ex Rel. Johnny Appleseed Metropolitan Park District v. City of Delphos

141 Ohio App. 3d 255 · Ohio Court of Appeals · Jan 19, 2001

In granting summary judgment, the trial court held that R.C. 2744.03(A)(5) creates a qualified immunity to injunctive relief, and that the park district had presented insufficient evidence to abrogate that immunity. … While it is clearly within the trial court’s power to issue the injunction requested, cf. Seven Hills v. Cleveland (1980), 1 Ohio App.3d 84, 91 , 1 OBR 386, 393-394, 439 N.E.2d 895, 902-903 ; Warder v.

Black v. Cleveland Police Department

96 Ohio App. 3d 84 · Ohio Court of Appeals · Jul 5, 1994

Additionally, the individual police officers argued they were entitled to summary judgment on the ground of qualified immunity from liability for defamation. … Instead, in a single “argument and law” section of his appellate brief, appellant argues that the defense of qualified immunity is available only where the defendants “don’t falsely or maliciously harm” another.

Miller v. Cent. Ohio Crime Stoppers, Inc., 07ap-669 (3-20-2008)

2008 Ohio 1280 · Ohio Court of Appeals · Mar 20, 2008

Thus, to establish a qualified privilege defense, the defendant must show that (1) the publication was made in good faith, (2) an interest existed to be upheld, (3) the publication was limited in scope to that interest, ( … Rather, once immunity is established under R.C. 2744.02 (A)(1), the second tier of analysis examines whether any of five listed exceptions apply. Cater v. Cleveland (1998), 83 Ohio St.3d 24 , 28 .

Emanuel v. Columbus Recreation & Parks Department

115 Ohio App. 3d 592 · Ohio Court of Appeals · Nov 14, 1996

Defendants argue that Barney, as a government official, is protected from civil liability by the doctrine of qualified immunity. … Creighton (1987), 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 , the United States Supreme Court established a two-part analysis to assess a claim of qualified immunity.

Jordan v. Howard

2021 Ohio 4025 · Ohio Court of Appeals · Nov 12, 2021

Specifically, the federal district and appellate courts found that the police officers acted reasonably to stop a serious threat of deadly force and did not violate clearly established law. … was objectively reasonable and did not violate clearly established law.”

Hahn v. Satullo

156 Ohio App. 3d 412 · Ohio Court of Appeals · Mar 9, 2004

or qualified immunity bars any potential liability under the FCRA. … See first assignment of error on cross-appeal (arguing in favor of qualified immunity from plaintiffs’ claim of invasion of privacy). {¶ 70} Accordingly, plaintiffs’ third assignment of error is overruled.

Hall v. Wooster

2025 Ohio 5695 · Ohio Court of Appeals · Dec 22, 2025

Thus, the first step of the three-tiered immunity analysis is to determine whether the party seeking immunity is a political subdivision that qualifies for general immunity. … The burden then shifted to Hall to establish that an exception to immunity applied.

Maynard v. H.A.M. Landscaping, Inc.

166 Ohio App. 3d 76 · Ohio Court of Appeals · Apr 6, 2006

C. 4123.74 qualifies the immunity that the complying employer is entitled to: the immunity extends to injuries “received or contracted by any employee in the course of or arising out of his employment.” {¶ 42} In support … Bridges, however, qualified that the defendant was a “complying employer entitled to the immunity provided in R.C. ¿.123.74..” (Emphasis added.)

State v. Adams

2019 Ohio 1140 · Ohio Court of Appeals · Mar 29, 2019

No. 2016-CR-595 performed deficiently by failing to direct her to take advantage of the immunity statute. … Consequently, under R.C. 2925.11(B)(2)(a)(viii), Adams was not a “qualified individual” entitled to take advantage of R.C. 2925.11(B)(2)(b)’s immunity from prosecution.

Penn v. McMonagle

60 Ohio App. 3d 149 · Ohio Court of Appeals · Oct 12, 1990

In his sole assignment of error, appellant asserts that appellee, in her position as guardian ad litem, should not be afforded absolute immunity but only a qualified immunity (also known as good faith immunity). … Such a position clearly places him squarely within the judicial process to accomplish that goal.