2011 Ohio 5398
Ohio Ct. App.2011Background
- Hubbard sued the Cleveland Metropolitan School District Board of Education in 2009 for defamation among other claims.
- The board sought summary judgment arguing governmental immunity under R.C. 2744.02; Hubbard argued negligence, not intentional tort, barring immunity.
- The trial court denied summary judgment in March 2011, finding genuine issues of material fact.
- The issue on appeal is whether the board is immune from liability for defamation under R.C. 2744.02.
- The panel held the board acted in a governmental function and was immune, reversing and remanding for judgment in favor of the board on the defamation claim.
- The court reasoned that defamation here involved a board employee on school grounds during a school function, a governmental function, thus immunity applies.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the board is immune from liability for defamation | Hubbard asserts negligence falls under an immunity exception | Board contends defamation is an intentional tort outside immunity, or in any event a governmental function | Board entitled to immunity; defamation claim barred |
Key Cases Cited
- Price v. Austintown Local School Dist. Bd. of Edn., 178 Ohio App.3d 256, 2008-Ohio-4514 (Ohio App.3d 2008) (defamation may be negligent or intentional depending on context)
- Coleman v. Cleveland School Dist. Bd. of Edn., 2004-Ohio-5854 (Ohio App.3d 2004) (defendant school board immunity for an intentional tort)
- Colbert v. Cleveland, 99 Ohio St.3d 215, 2003-Ohio-3319 (Ohio 2003) (three-tier immunity analysis under R.C. 2744.02)
- Wilson v. Stark Cty. Dept. of Human Servs., 70 Ohio St.3d 450, 1994-Ohio-10 (Ohio 1994) (governmental functions retain immunity for negligent acts)
- Zivich v. Mentor Soccer Club, 82 Ohio St.3d 367, 1998-Ohio-348 (Ohio 1998) (summary judgment standard and burden on movant)