Doe v. Cleveland Metro. School Dist., 2012 Ohio 2497

Jane Doe, a student at George Washington Carver Elementary, sues the City of Cleveland and James Box after a student's sexual assault by a Peace Squad facilitator; Amer-I-Can was implementing a program in Cleveland schools under a $300,000 federal grant.
Box, the City’s liaison to Amer-I-Can, selected eight facilitators, all with felony records he knew about, despite background checks restricting sex offense convictions.
Urban League of Greater Cleveland managed day-to-day operations; Box did not handle day-to-day decisions and his involvement was limited to liaison duties.
The City funded and supported the program, provided an employee as liaison, and approved site activities; final decision-making was above Box.
McDonald, a Peace Squad facilitator assigned to Carver Elementary, pled guilty to a sexual offense involving Jane Doe, who had been an eighth-grade student in the program.
The trial court granted immunity-based dismissals and summary judgments: the City was immunized under R.C. 2744.02; the court granted Box’s summary-judgment motion; the City moved to strike a later summary-judgment motion, which was denied on appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether Box’s conduct can be deemed reckless under R.C. 2744.03(A)(6)(b).	Doe contends Box’s role as liaison created a risk; his actions were reckless.	Box acted within his duties and did not authorize the program’s implementation; no perverse disregard established.	No genuine recklessness; Box’s conduct did not rise to perverse disregard.
Whether the City is immune from tort liability under R.C. Chapter 2744.02.	Doe pled facts showing the City funded and supervised the program, implying a proprietary function.	City’s actions were governmental, not proprietary; immunity applies.	City retained immunity; second assignment overruled.
Whether the trial court erred by striking Doe’s motion for summary judgment against the City.	Striking the motion was inappropriate after dismissal of the City.	Striking was within court’s discretion since City was already dismissed.	No abuse of discretion; strike affirmed.

Lyons v. Teamhealth Midwest Cleveland, 2011-Ohio-5501 (8th Dist. 2011) (framework for determining governmental vs. proprietary immunity)
Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (summary-judgment standard and burden on movant)
Dresher v. Burt, 75 Ohio St.3d 280 (1996) (Dresher: burden-shifting in summary judgment)
Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551 (2000) (distinguishing governmental vs. proprietary functions)
Ohio Bell Tel. Co. v. Leon Riley, Inc., 8th Dist. No. 94771 (2010) (test for whether activity is proprietary)