2016 Ohio 2928
Ohio Ct. App.2016Background
- Three former juvenile residents (S.F., P.P./K.K., and T.W.) sued Trumbull County Children’s Services Board (TCCSB) and two supervisors (director Marcia Tiger and coordinator Tracy Miller) alleging youth leader Rita Watson sexually abused them while in TCCSB custody and that supervisors failed to act. Watson was not served and is not a party on appeal.
- Plaintiffs filed claims under Ohio’s childhood sexual abuse statute (R.C. 2305.111) and sought to avoid political-subdivision and employee immunity under R.C. Chapter 2744.
- Defendants moved for summary judgment asserting statutory immunity; plaintiffs argued an R.C. 2744.02(B)(5) exception applies because R.C. 2305.111 expressly imposes civil liability on government entities and employees.
- The trial court granted summary judgment to TCCSB, Tiger, and Miller; plaintiffs appealed raising a single assignment of error challenging the immunity rulings.
- Key factual record: none of the plaintiffs ever reported sexual touching to Tiger; limited contacts with Miller—two plaintiffs said Watson asked about “gay sex” but did not report touching; affidavits from Tiger and Miller state they were unaware of plaintiffs’ allegations until much later and Watson had been removed from TCCSB prior to some reports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether TCCSB is immune or whether R.C. 2744.02(B)(5) applies because R.C. 2305.111 "expressly imposes" liability on political subdivisions | R.C. 2305.111 defines childhood sexual abuse to include acts by school/detention employees, so it expressly imposes liability on governmental facilities and their employees | R.C. 2305.111 imposes liability on individual "actors," not on political subdivisions; it does not expressly mention government entities | TCCSB entitled to immunity; 2744.02(B)(5) does not apply because 2305.111 does not expressly impose liability on political subdivisions |
| Whether Tiger (director) can be held liable through respondeat superior or as an "actor" under R.C. 2305.111 | Tiger should be liable because she supervised TCCSB and failed to prevent/stop abuse | Respondeat superior is not an exception to immunity; there is no evidence Tiger knew of allegations or was an "actor" under 2305.111 | Summary judgment for Tiger affirmed; no evidence she knew of allegations or acted recklessly |
| Whether Miller (coordinator) is liable for aiding/abetting or recklessness under R.C. 2744.03(A)(6) or as an "actor" under 2305.111 | Miller either aided/abetted Watson or was complicit by failing to investigate despite reports | Miller had limited contact; plaintiffs never reported sexual touching to her; no evidence of maliciousness, bad faith, or wanton/reckless conduct | Summary judgment for Miller affirmed; no factual showing of reckless/bad-faith conduct or that she was an "actor" |
| Whether Watkins v. Dept. of Youth Services supports plaintiffs’ position that 2305.111 applies against public actors/entities | Watkins held 2305.111(C) applies to public and private tortfeasors (12-year SOL), implying the statute imposes liability on the state and employees | Watkins only addressed the statute of limitations, not immunity; it did not decide that 2305.111 "expressly imposes" liability on political subdivisions or employees | Court rejects plaintiffs’ reliance on Watkins for immunity question; Watkins is limited to SOL issue |
Key Cases Cited
- Comer v. Risko, 106 Ohio St.3d 185 (de novo standard for appellate review of summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (summary-judgment burdens in Ohio)
- Welco Indus., Inc. v. Applied Cos., 67 Ohio St.3d 344 (summary judgment—resolve doubts for nonmoving party)
- Green Cty. Agricultural Soc. v. Liming, 89 Ohio St.3d 551 (three-tier political-subdivision immunity framework)
- Watkins v. Dept. of Youth Servs., 143 Ohio St.3d 477 (R.C. 2305.111(C) statute-of-limitations ruling)
- Butler v. Jordan, 92 Ohio St.3d 354 (interpreting "expressly" for purposes of immunity exception)