2011 Ohio 6622
Ohio Ct. App.2011Background
- Charter schools operated by Hope Academy are privately managed but publicly funded; boards oversaw school operations and compliance.
- ICM provided security services for some boards and CEP provided educational services under separate contracts.
- Contracts included a Board Management Contract with ICM and disclosure in paragraph 17 prohibiting ICM from contracting with other providers related to the boards.
- In 2007 the boards terminated ICM and CEP contracts after discovering a potential relationship between ICM and CEP.
- ICM alleged tortious interference with its contracts; the boards argued statutory immunity under R.C. 2744.02(A) and employees Haines and Stubbs argued immunity under R.C. 2744.03(A)(6).
- The trial court denied partial summary judgment on immunity; the court of appeals partially sustained and partially reversed on immunity issues.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether boards are immune from tortious interference claims. | ICM contends boards are not immune for intentional interference. | Boards argued immunity under R.C. 2744.02(A) applies to governmental functions. | Boards I immune; Haynes/Stubbs not immune. |
| Whether boards II are immune from punitive damages. | ICM seeks punitive damages against Haynes/Stubbs personally. | Boards II claim punitive damages barred by R.C. 2744.05(A). | Boards II immune from punitive damages; Haynes/Stubbs not immune. |
Key Cases Cited
- Copeland v. Cincinnati, 159 Ohio App.3d 833 (2005-Ohio-1179) (proprietary vs governmental function; city day camp not immune under 2744.01(C))
- Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (three-tier immunity analysis for political subdivisions; exceptions apply to negligent acts)
- Cramer v. Auglaize Acres, 113 Ohio St.3d 266 (2007-Ohio-1946) (three-tier immunities framework for political subdivisions; scope of immunity questions of law)
- Wilson v. Stark Cty. Dept. of Human Servs., 70 Ohio St.3d 450 (1994-Ohio-6208) (employee immunity under 2744.03(A)(6); malice/bad faith standard)
- Jackson v. McDonald, 144 Ohio App.3d 301 (2001-Ohio-760) (scope of employment in immunity analysis; acts within master’s business not automatically outside scope)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (1994-Ohio-59) (malice/bad faith and scope of employment standards for government employee immunity)