2019 Ohio 3083
Ohio Ct. App.2019Background
- Nick Molnar, a former City of Green employee, sued the city, Mayor Gerard Neugebauer, and Law Director Diane Calta after Green produced a termination letter that Molnar alleged it had agreed to rescind and destroy.
- Molnar asserted claims including breach of contract, negligence, libel, injunctive relief, and punitive damages; defendants moved to dismiss under Civ.R. 12(B)(6) asserting R.C. Chapter 2744 immunity.
- The trial court initially denied the motion; this Court reversed and remanded in a prior appeal because the trial court had not analyzed political-subdivision immunity.
- On remand the trial court again denied dismissal; defendants appealed the denial under R.C. 2744.02(C) (interlocutory finality).
- The Ninth District reviewed only whether dismissal was proper based on political-subdivision and employee immunity (R.C. Chapter 2744) and affirmed the trial court, holding immunity was not conclusively established on the face of the complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the City (and officials in official capacity) are immune under R.C. 2744.02(A)(1) | Molnar alleged facts supporting claims; he need not plead exceptions to immunity at the pleading stage | City argued presumptive immunity and that no R.C. 2744.02(B) exception was pleaded; responding to records request is a governmental function | Denied — immunity not conclusively established on the complaint face; plaintiff not required to plead exceptions at pleading stage |
| Whether individual defendants (Neugebauer, Calta) are immune under R.C. 2744.03(A)(6) | Molnar pleaded facts plausibly alleging malicious, wanton, reckless, or outside-scope conduct sufficient to survive 12(B)(6) | Defendants argued allegations do not show the statutory exceptions (malicious, bad faith, wanton/reckless, outside scope) and dismissal was proper | Denied — factual questions exist; exceptions not conclusively negated by complaint; such issues are for factfinder |
Key Cases Cited
- Perrysburg Twp. v. City of Rossford, 103 Ohio St.3d 79 (2004) (Civ.R. 12(B)(6) de novo review)
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (1988) (treat allegations as true on motion to dismiss)
- O'Brien v. Univ. Community Tenants Union, Inc., 42 Ohio St.2d 242 (1975) (complaint must allow recovery under some set of facts)
- State ex rel. Fuqua v. Alexander, 79 Ohio St.3d 206 (1997) (court cannot rely on materials outside complaint on 12(B)(6))
- Hubbell v. City of Xenia, 115 Ohio St.3d 77 (2007) (denial of political-subdivision immunity is final appealable order)
- Lambert v. Clancy, 125 Ohio St.3d 231 (2010) (claims against officials in official capacity are claims against the political subdivision)
- Fabrey v. McDonald Village Police Dept., 70 Ohio St.3d 351 (1994) (negligence allegations insufficient to overcome employee immunity if within official duties)
- Whetstone v. Binner, 146 Ohio St.3d 395 (2016) (punitive damages are not an independent cause of action)
- Scott v. Columbus Dept. of Pub. Utils., 192 Ohio App.3d 465 (2011) (plaintiff not required to overcome summary-judgment-type defenses at pleading stage)