Moya v. Declemente, 2011 Ohio 5843

Moya appeals from dismissal of claims against Cleveland Metropolitan School District and Board of Education.
Moya alleged battery and intentional infliction of emotional distress against DeClemente; negligence and respondeat superior against the school district.
The September 9, 2009 incident involved DeClemente verbally abusing and then assaulting Moya in her classroom.
The school district moved to dismiss under R.C. Chapter 2744, arguing blanket immunity; Moya argued exceptions and employment-related claims.
The trial court granted dismissal, held immunity applicable, and later remanded for remaining claims between Moya and DeClemente; appeal followed.
The court applied a three-tier immunity analysis to determine immunity under R.C. 2744.02 and related provisions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether R.C. 2744.02 immunity applies given the claims against the school district.	Moya contends R.C. 2744.09(B) excludes immunity because claims arise from employment.	School district argues blanket immunity under R.C. 2744.02; no exceptions apply.	Immunity applies; claims do not fall within exceptions.
Whether Sampson v. Cuyahoga Metro. Hous. Auth. clarifies the immunity analysis here.	Moya relies on Sampson to defeat immunity for employment-related claims.	Sampson is distinguishable; no employer-sanctioned conduct shown.	Sampson is distinguishable; three-tier analysis controls and supports immunity.

Sampson v. Cuyahoga Metro. Hous. Auth., 188 Ohio App.3d 250 (2010-Ohio-3415) (employment-related claims may pierce immunity when conduct is planned by employer)
Colbert v. Cleveland, 99 Ohio St.3d 215 (2003-Ohio-3319) (three-tier immunity framework governs political-subdivision immunity)
Dennis v. Cleveland Metro. Sch. Dist., 8th Dist. No. 94685, 2011-Ohio-12 (2011-Ohio-12) (negligent hiring/supervision generally protected by immunity absent malice/wanton conduct)