Summerville v. City of Forest Park
128 Ohio St. 3d 221
| Ohio | 2010Background
- Police officers sought federal qualified immunity in Section 1983 suit stemming from 2005 shooting; district court granted some immunity defenses and denied others; plaintiff administrator alleged excessive force, deliberate indifference, wrongful death, and related claims; trial court denied summary judgment for Pape/Hall on excessive force and for city on training claim; court of appeals dismissed Summerville’s appeal challenging immunity denial; Ohio Supreme Court reconciles 2744.02(C) and 2744.09(E) to determine finality of immunity denial orders.
- The appellate question concerns whether denial of a motion for summary judgment seeking federal qualified immunity under 42 U.S.C. § 1983 is a final, appealable order under Chapter 2744.
- Ohio law (R.C. 2744.02(C)) makes denials of political-subdivision immunity final; however, R.C. 2744.09(E) excludes federal-constitutional or federal-law claims from Chapter 2744.
- The Court held that 2744.02(C) is the more recent, specific statute and prevails over 2744.09(E), so the immunity-denial order is final and appealable; this aligns with both state and federal policy promoting judicial economy.
- The dissent would harmonize the statutes differently, arguing 2744.09(E) bars application of 2744.02(C) to federal claims; the majority rejects this and reinstates the appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of summary judgment on federal qualified immunity is final | Summerville argues 2744.09(E) bars 2744.02(C) finality for federal claims | Appellants contend 2744.02(C) applies to any immunity under any law | Yes; 2744.02(C) finality prevails over 2744.09(E) for federal immunity denials |
| Conflict between 2744.02(C) and 2744.09(E) resolves in favor of 2744.02(C) | Statutes should be harmonized to give effect to both if possible | 2744.09(E) excludes federal claims from Chapter 2744 | Specific, later statute (2744.02(C)) prevails; denial is final under 2744.02(C) |
| Whether statutory canon maxim expressio unius applies | Appellee uses expressio unius to limit exceptions | Majority rejects narrowing by canon | Rejected; canon does not apply to create exception from 2744.09(E) |
| Policy justification for finality of immunity-denial orders | Encourages early disposition and judicial economy | Maintains separation of federal claims from state-immunity scheme | Court finds policy supports immediate appeal of immunity-denial orders like here. |
| Pendent appellate jurisdiction argument not reached | Requests review of intertwined issues | Not reached on appeal | Not adopted; issue not decided in this decision. |
Key Cases Cited
- Hubbell v. Xenia, 115 Ohio St.3d 77 (2007) (final, appealable denial when political-subdivision seeks immunity under any law)
- Sullivan v. Anderson Twp., 122 Ohio St.3d 83 (2009) (R.C. 2744.02(C) finalizes denial of immunity from liability)
- Hunt v. Morrow Cty., 2009-Ohio-4313 (Ohio App. 6th Dist.) (court review of denial of immunity in § 1983 action affirmed)
- Chaney v. Norwood, 2010-Ohio-3434 (Ohio App.3d) (jurisdiction over appeal where complaint included federal claims)
- Davis v. State Personnel Bd. of Rev., 64 Ohio St.2d 102 (1980) (specific vs general statutes; later statute prevails in conflict)
- In re Petition to Annex 320 Acres to S. Lebanon, 64 Ohio St.3d 585 (1992) (statutes construed as interrelated body; reconcile if possible)