Long v. Hanging Rock, 2011 Ohio 5137

June 21, 2005: Hanging Rock Police Chief injured in course of employment; receives workers’ compensation.
June 29, 2006: Mayor terminates Chief due to doctor’s restriction from running, preventing fitness/agility testing.
December 18, 2007: Chief files complaint against Hanging Rock and officials with multiple claims; amended April 7, 2009 naming additional defendants.
Claims include retaliatory discharge under R.C. 4123.90, wrongful discharge in public policy, pension contributions, §1983, declaratory judgment on fitness policy, mandamus, and invasion of privacy by Steed.
Trial court granted partial summary judgment; denied some claims and retained Steed invasion of privacy; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Immunity of Steed for invasion of privacy claim	Steed immunity applies if not outside scope or malicious; invasion lack proves immunity.	Steed entitled to immunity unless outside scope or acted with malice/wanton/reckless.	No immunity; genuine issues about malice/wanton/reckless exist; immunity denied.
Public-policy wrongful discharge vs. Chapter 2744 immunity	Discharge claim not barred by Chapter 2744; falls under employment-related exception.	Political subdivision immune; wrongful discharge subsumed under 4123.90 and untimely/merits lacking.	R.C. 2744 does not apply to this claim; court declines to review merits; affirmed denial of immunity.

Hicks v. Leffler, 119 Ohio App.3d 424 (1997) (malice and bad faith defined for immunity analysis)
Fabrey v. McDonald Police Dept., 70 Ohio St.3d 351 (1994) (define wanton/reckless standard and pervasiveness of misconduct)
Elliot v. Ohio Dept. of Rehab. & Corr., 92 Ohio App.3d 772 (1994) (scope of employment considered in immunity analysis)
Nagel v. Horner, 162 Ohio App.3d 221 (2005) (employment-related immunity scope under 2744.09(B) discussion)
Gessner v. Union, 159 Ohio App.3d 43 (2004) (wrongful discharge within employment relationship under 2744.09(B) context)