McCue v. Peninsula
2011 Ohio 4394
Ohio Ct. App.2011Background
- McCue sued the Village of Peninsula, Mayor Fisher, and Councilman Schneider after McCue was terminated as police chief.
- The defendants moved to dismiss, arguing immunity under Ohio Rev. Code Chapter 2744 and that the complaint was defective.
- The trial court granted immunity to the Village under 2744.02 but denied immunity for Fisher and Schneider.
- The court analyzed Fisher and Schneider’s immunity under 2744.03(A)(6) (individuals), not 2744.02 (political subdivisions).
- McCue appeals, arguing 2744.02 applies to elected officials sued in official capacity per Lambert v. Clancy.
- This Court vacates the part of the judgment analyzing official-capacity immunity and remands for application of 2744.02 consistent with Lambert.
- Judgment vacated in part, remanded for proceedings consistent with this opinion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is Fisher and Schneider immune in official capacity under 2744.02? | Lambert requires 2744.02 analysis for elected officials in official capacity. | Lambert supports using 2744.02 for official-capacity claims. | Yes; remand to apply 2744.02. |
| Did the trial court apply the correct immunity analysis to official-capacity claims? | Claims framed as official-capacity against elected officials fall under 2744.02. | District applied 2744.03(A)(6) to official-capacity claims. | Remand; correct statute to be used. |
Key Cases Cited
- Lambert v. Clancy, 125 Ohio St.3d 231 (2010-Ohio-1483) (establishes three-tier immunities and that official-capacity claims against an elected official are treated as against the subdivision under 2744.02)
- Curry v. Blanchester, 2010-Ohio-3368 (12th Dist. Nos. CA2009-08-010, CA2009-08-012) (discusses immunity analysis for public officials (contextual relevance))