Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998)

Ohio Court of Appeals

Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998)

DecidedMarch 27, 1998

DocketNo. 97-P-0035.

StatusUnpublished

This text of Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998) (Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998)) is published on Counsel Stack Legal Research, covering Ohio Court of Appeals primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998), (Ohio Ct. App. 1998).

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Opinion

Judgment affirmed. See Opinion and Judgment Entry. [FORD] (CHRISTLEY) (NADER)

CONSTITUTIONAL LAW:

At an absolute minimum, a plaintiff in a claim under Section 1983, Title 42, U.S. Code, must establish gross negligence on the part of the person acting under color of state law.

SOVEREIGN IMMUNITY:

When a police officer pursues an automobile and that vehicle is involved in an accident, the political subdivision for which that officer is working is immune from liability if the officer was responding to an emergency call, and his actions did not constitute wanton and willful misconduct.

A police officer is personally immune from tort liability for death or injury in connection with a governmental function unless his acts or omissions were with malicious purpose, in bad faith, or in a wanton and/or reckless manner.

A local governmental unit cannot be liable under Section 1983, Title 42, U.S. Code, unless the constitutional tort arises from action taken pursuant to a policy of the local government.

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Judgment affirmed. See Opinion and Judgment Entry. [FORD] (CHRISTLEY) (NADER)

CONSTITUTIONAL LAW:

At an absolute minimum, a plaintiff in a claim under Section 1983, Title 42, U.S. Code, must establish gross negligence on the part of the person acting under color of state law.

SOVEREIGN IMMUNITY:

When a police officer pursues an automobile and that vehicle is involved in an accident, the political subdivision for which that officer is working is immune from liability if the officer was responding to an emergency call, and his actions did not constitute wanton and willful misconduct.

A police officer is personally immune from tort liability for death or injury in connection with a governmental function unless his acts or omissions were with malicious purpose, in bad faith, or in a wanton and/or reckless manner.

A local governmental unit cannot be liable under Section 1983, Title 42, U.S. Code, unless the constitutional tort arises from action taken pursuant to a policy of the local government.

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Bluebook (online)

Ferrell v. Township Police Dep., Unpublished Decision (3-27-1998), Counsel Stack Legal Research, https://law.counselstack.com/opinion/ferrell-v-township-police-dep-unpublished-decision-3-27-1998-ohioctapp-1998.