2022 Ohio 527
Ohio Ct. App.2022Background
- In 2015 Terence Greene applied to be a dance instructor at Cuyahoga Community College (Tri‑C); a Truescreen background report showed a highlighted "red X" stating Greene was fired from Cleveland School of the Arts due to "allegations with students" and was ineligible for rehire.
- Smith (Tri‑C HR) ordered the background check but Tri‑C nonetheless offered Greene a part‑time position in October 2015 and he later became full‑time in February 2017.
- In October 2019 Greene sexually assaulted John Doe (then 17); Greene was terminated after the assault and the earlier background report became a focus.
- Public records produced after the assault included a document stating that Tri‑C administrators (Friscioni, Cox, Smith) "never reviewed" Greene's background check prior to hiring him.
- John Doe sued Tri‑C and the three administrators in their individual and official capacities for breach of contract and negligent/reckless/wanton hiring, supervision, and retention; defendants moved to dismiss based on sovereign immunity under R.C. Chapter 2744.
- The trial court dismissed tort claims against Tri‑C but denied dismissal of tort claims against the individual administrators and denied dismissal of the breach‑of‑contract claim; the administrators appealed denial of immunity and the appellate court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Tri‑C administrators are immune from tort liability under R.C. Chapter 2744 for negligent/wanton/reckless hiring, supervision, and retention of Greene | Administrators recklessly/wantonly disregarded an obvious warning in the background report (red X, allegations involving students) and thus are not immune | Administrators argue they never read the background check; at most negligent conduct (for which statutory immunity applies), not wanton or reckless conduct that defeats immunity | Court held complaint plausibly alleged wanton/reckless conduct (must accept plaintiff's allegations at 12(B)(6) stage); denied dismissal of tort claims against administrators |
Key Cases Cited
- Greene Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551 (describes the three‑tiered R.C. Chapter 2744 immunity analysis)
- Cater v. Cleveland, 83 Ohio St.3d 24 (explains how R.C. 2744.02(B) exceptions can reinstate liability)
- Colbert v. Cleveland, 99 Ohio St.3d 215 (addresses application of R.C. 2744.03 defenses to employees)
- Anderson v. Massillon, 134 Ohio St.3d 380 (distinguishes wanton and reckless conduct in immunity context)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (12(B)(6) dismissal reviewed de novo)
- State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (motion to dismiss under Civ.R. 12(B)(6) tests complaint sufficiency)
- York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143 (plaintiff survives dismissal if any set of facts consistent with complaint would allow recovery)