Thompson v. Lyndhurst
2019 Ohio 3277
Ohio Ct. App.2019Background
- Thompson worked as a City of Cleveland water division customer service rep and was covered by a collective bargaining agreement (CBA).
- In Nov. 2014 Lyndhurst Detective Scipione investigated a check-fraud scheme involving Montrea Donaldson; Thompson answered a phone call to Donaldson and met the detective; she denied involvement but acknowledged loaning Donaldson her phone and car and sharing a child with him.
- Detective Scipione gathered testimony linking Thompson to Donaldson (vehicle, access to water department) and obtained a municipal arrest warrant; a county grand jury returned a true bill and charges were filed; the case was later dismissed by the state without prejudice in Nov. 2015.
- Cleveland administratively suspended Thompson, later offered conditional reinstatement pending return-to-work steps, then suspended/disciplined again after an unrelated Feb. 2016 arrest (disputed identity); Cleveland eventually terminated her employment in Sept. 2017 after a predisciplinary process.
- Thompson sued Lyndhurst/Scipione (malicious prosecution, false arrest) and Cleveland/Harge/Davis (broken promise to reinstate with back pay, public-policy/constitutional violations, breach of contract). Defendants moved for judgment; trial court granted summary judgment for all defendants. Thompson appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Cleveland violated public policy / used sealed records to justify termination | Thompson: Cleveland used sealed/privileged records and violated R.C. 2953.321 and public policy/constitutional rights | Cleveland: Claim not pleaded; no specific statutory or constitutional basis alleged in complaint | Court: Claim inadequately pleaded and not raised below; overruled (no relief) |
| Whether Cleveland breached a promise to reinstate with back pay (contract / implied contract) | Thompson: City promised reinstatement with back pay after dismissal and reneged | Cleveland: Employment governed by CBA requiring grievance/arbitration; plaintiff failed to exhaust remedies | Court: CBA provides exclusive remedy (binding arbitration); trial court lacked jurisdiction; summary judgment for Cleveland |
| Whether Lyndhurst / Scipione violated §1983 / constitutional rights (false arrest / malicious prosecution) | Thompson: Scipione lacked probable cause; prosecution and arrest were wrongful; no immunity | Lyndhurst/Scipione: Immunity under R.C. Chapter 2744; police and political subdivision immunity applies; probable cause existed (warrant, grand jury) | Court: Political-subdivision and employee immunity apply; no evidence of malicious, bad-faith, or wanton conduct; summary judgment for Lyndhurst and Scipione |
| Whether dismissal/no-bill of later indictment affects immunity or proves malice | Thompson: Dismissal of charges shows malicious prosecution/invalidates prior proceedings | Defendants: First indictment followed probable-cause warrant and grand-jury true bill; dismissal without prejudice does not show malice; prosecutors’ decisions separate from police | Court: No record evidence why dismissal occurred; dismissal alone insufficient to show malicious purpose or bad faith; summary judgment affirmed |
Key Cases Cited
- Grafton v. Ohio Edison Co., 77 Ohio St.3d 102 (1996) (standard of review for summary judgment)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (1977) (summary judgment standard under Civ.R. 56)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (moving and nonmoving party burdens on summary judgment)
- Johnson v. Ohio Council Eight, 146 Ohio App.3d 348 (2001) (collective bargaining act and exclusivity of CBA remedies)
- Estate of Ridley v. Hamilton Cty. Bd. of Mental Retardation & Dev. Disabilities, 102 Ohio St.3d 230 (2004) (limitations on overthrowing municipal immunity by constitutional claims)