Giesberger v. Alliance Police Dept.
2011 Ohio 5940
Ohio Ct. App.2011Background
- Plaintiff-appellant Dale Giesberger filed a pro se complaint against Alliance Police Department on Aug. 20, 2010 in Stark County Common Pleas.
- Complaint alleged constitutional rights violations, illegal towing and impounding of vehicle, illegal incarceration, false information, emotional distress, and defamation.
- Defendant answered and moved for judgment on the pleadings under Civ.R. 12(C) on Sept. 28, 2010, arguing statutory immunity under the Political Subdivision Tort Liability Act.
- The trial court granted the motion for judgment on the pleadings on Oct. 14, 2010, granting immunity and dismissal of the claims.
- Appellant appealed the judgment to the Ohio Fifth Appellate District, arguing the complaint could support relief despite immunity.
- Appellate briefing did not fully comply with Rule 16, but the court proceeded to address the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Alliance Police Department was immune from suit under R.C. 2744. | Giesberger contends the complaint states viable claims despite immunity. | Alliance argues statutory immunity bars the claims as arising from a governmental function. | Yes; the court affirmed immunity and dismissal. |
| Whether the complaint states any set of facts that would entitle relief. | Giesberger asserts claims could support relief notwithstanding immunity. | Alliance asserts no factual basis for relief exists in the pleadings. | No; the complaint fails to state any actionable claim under the immunity framework. |
| What is the proper standard of review for a Civ.R. 12(C) motion in this context. | Not explicitly argued beyond standard procedure. | Standard requires independent review of pleadings with inferences in plaintiff’s favor. | The standard is independent de novo review of the pleadings with reasonable inferences in plaintiff’s favor. |
Key Cases Cited
- Estate of Heath v. Grange Mut. Casualty Co., 2002-Ohio-5494 (Del. App. No. 02CAE05023, 2002-Ohio-5494) (Judgment on pleadings limited to pleadings; no deference to trial court; questions of law only)
- Flanagan v. Williams, 1993-Ohio-App.3d 768 (Ohio App. 1993) (Judgment on pleadings standard restricted to pleadings; inferences construe in the plaintiff’s favor)