Johnson v. Godsey
2013 Ohio 3277
Ohio Ct. App.2013Background
- Plaintiff William S. Johnson sued Alice J. Godsey (director of Clark County Utilities) in small claims, alleging extortion, harassment of a tenant, improper billing and tax liens related to unpaid water service at rental property 5307 Waverly Drive.
- Godsey, in her capacity as utilities director, answered and filed a counterclaim seeking unpaid water charges and later sought attorney fees/costs for Clark County; she subsequently dismissed the counterclaim and then amended her answer asserting sovereign immunity as an affirmative defense.
- Johnson moved for "reasonable expenses" ($525) claiming Godsey’s counterclaims were frivolous; he invoked Civ.R. 56(G) though that rule applies only to summary judgment affidavits.
- Godsey moved for summary judgment based on employee sovereign immunity under R.C. 2744.03(A)(6), supported by an affidavit describing the account arrearage, billing/disconnection steps, and restoration of service pending owner payment.
- The magistrate denied Johnson’s sanctions request and granted summary judgment to Godsey; the trial court adopted the magistrate’s decision and Johnson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Johnson was entitled to expenses for Godsey’s allegedly frivolous counterclaim (sanctions) | Counterclaim was frivolous, filed in bad faith to intimidate a pro se plaintiff; seeks expenses under Civ.R. 56(G) | Counterclaim was not frivolous; Civ.R. 56(G) inapplicable to pleadings; no bad faith shown; counterclaim voluntarily withdrawn | Denied. Civ.R. 56(G) applies to affidavits, not pleadings; no basis shown for sanctions under Civ.R. 11 or R.C. 2323.51. |
| Whether Godsey’s conduct was "manifestly outside the scope" of employment (R.C. 2744.03(A)(6)(a)) | Godsey acted beyond her authority: improper billing, allowing service without tenant contracts, wrongful tax lien, pursuing owner personally — thus outside scope | Actions were routine billing/collection by utilities director to obtain payment for county services and therefore within scope | Held for Godsey. Actions were within scope of employment as they furthered utilities’ billing/collection functions. |
| Whether Godsey acted with malicious purpose, bad faith, wanton or reckless conduct (R.C. 2744.03(A)(6)(b)) | Conduct amounted to extortion/theft and was malicious or wanton, removing immunity | Conduct was ordinary administrative billing/collection; no evidence of perversity, recklessness, or conscious likelihood of injury | Held for Godsey. Plaintiff failed to meet high standard for wanton/reckless or malicious conduct. |
| Whether any statute expressly imposes civil liability on an employee for these acts (R.C. 2744.03(A)(6)(c)) | Criminal statutes (theft by deception, extortion) allegedly apply and thus civil liability exists | No provision in the Revised Code expressly and unmistakably imposed civil liability on a utilities director for the conduct alleged | Held for Godsey. Johnson did not raise R.C. 2744.03(A)(6)(c) properly at trial; and no statutory provision expressly imposes civil liability on Godsey. |
Key Cases Cited
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (summary judgment standard and Civ.R. 56) (1998)
- Mitseff v. Wheeler, 38 Ohio St.3d 112 (moving party burden on summary judgment) (1988)
- Dresher v. Burt, 75 Ohio St.3d 280 (nonmoving party's burden once movant meets initial showing) (1996)
- Osborne v. Lyles, 63 Ohio St.3d 326 (scope of employment test) (1992)
- Groob v. KeyBank, 108 Ohio St.3d 348 (employer not liable for independent self-serving acts) (2006)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (definition of wanton misconduct) (1994)
- Butler v. Jordan, 92 Ohio St.3d 354 (meaning of "expressly" in statute-based immunity exceptions) (2001)