McBride v. Parker
2012 Ohio 2522
Ohio Ct. App.2012Background
- McBride, a sergeant with the Richland County Sheriff’s Office, investigated child abuse allegations under a contract with RCCS.
- Parker, Executive Director of RCCS, requested McBride be reassigned to avoid involvement in the RCCS casework.
- The Sheriff re-assigned McBride to road patrol while he remained employed by the Sheriff’s Office.
- McBride filed a civil complaint alleging defamation and tortious interference with his employment contract.
- Parker moved for judgment on the pleadings/dismissal; the trial court granted immunity under R.C. 2744.03(A)(6).
- The court of appeals reversed/remanded, holding the complaint could proceed despite the immunity issue.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the trial court erred granting judgment on the pleadings | McBride argues the complaint states defamation and interference claims with sufficient factual allegations. | Parker contends immunity bars the claims as pleaded. | No; the trial court erred in granting judgment on the pleadings. Remanded for further proceedings. |
Key Cases Cited
- Peterson v. Teodosio, 34 Ohio St.2d 161 (1973) (notice pleading standard; Civ.R. 12(C) scope limited to pleadings; inferences in movant’s favor)
- Flanagan v. Williams, 87 Ohio App.3d 768 (1993) (Civ.R. 12(C) standard; dismissal only where no set of facts entitle relief)
- Whaley v. Franklin Cty. Bd. of Commrs., 92 Ohio St.3d 574 (2001) (Civ.R. 12(C) standard; review of dismissal for lack of pleading)
- State ex rel. Midwest Pride IV, Inc. v. Pontious, 75 Ohio St.3d 565 (1996) (dismissal appropriate where no material factual issues and movant entitled to relief)
- Nelson v. Pleasant, 73 Ohio App.3d 479 (1991) (notice pleading suffices to state a claim if plausible on its face)
- Bennett v. Ohio Dept. of Rehab. & Corr., 60 Ohio St.3d 107 (1991) (Civ.R. 12(C) standard; review restricted to pleadings)