Jones v. Lucas County Sheriff's Department

916 N.E.2d 1134, 183 Ohio App. 3d 331
CourtOhio Court of Appeals
DecidedJuly 31, 2009
DocketNo. L-08-1391
StatusPublished
Cited by1 cases

This text of 916 N.E.2d 1134 (Jones v. Lucas County Sheriff's Department) 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.

Bluebook
Jones v. Lucas County Sheriff's Department, 916 N.E.2d 1134, 183 Ohio App. 3d 331 (Ohio Ct. App. 2009).

Opinion

Pietrykowski, Judge.

{¶ 1} This is an appeal by appellants, the Lucas County Sheriffs Department, Valerie Sylvester, and Karen Zoliak, of an October 28, 2008 judgment of the Lucas County Court of Common Pleas. In the judgment, the trial court denied appellants’ Civ.R. 12(C) motion for judgment on the pleadings in a civil action for damages brought by appellee, Charles Jones.

{¶ 2} Jones filed a pro se complaint on January 2, 2008. The complaint names Zoliak, Sylvester, and the Lucas County Sheriffs medical department as defendants.1 The complaint identifies Zoliak as a nurse and Sylvester as the medical director at the sheriffs medical facility at the jail. According to the complaint, appellant’s suit is brought “for neglect of duties, failure to treat injury properly, personal injury, mental anguish, and attempt to cover up problems with receiving wrong medication.”

{¶ 3} Appellant alleges in the complaint that Zoliak gave him the wrong medication, “[w]hich caused Plaintiff to be dizzy and not able to walk are [sic] talk right. Plaintiff fell and damaged his shoulder.” Appellant alleges that he saw doctors at the sheriffs medical department at the jail with respect to the shoulder [333]*333and that he was told that he needed physical therapy. He asserts that he was denied physical therapy. He also alleges that he was given no medication or given incorrect medication on six different days between October 22, 2007, and December 12, 2007. He further alleges that he repeatedly reported these failures in offense reports at the jail.

{¶ 4} Appellants filed an answer to the complaint and subsequently filed a Civ.R. 12(C) motion for judgment on the pleadings based upon the defense of sovereign immunity under R.C. 2744.03. The trial court overruled the motion, and appellants appeal that order.

{¶ 5} Appellants assert one assignment of error on appeal:

{¶ 6} “Assignment of Error No. 1

{¶ 7} “The trial court erred in failing to grant motion for judgment on the pleadings filed by appellants pursuant of Ohio Rev.Code 2744.03 as appellee’s complaint did not allege any fact sufficiently that would strip appellants of their statutorily imposed governmental immunity.”

{¶ 8} A Civ.R. 12(C) motion for judgment on the pleadings is treated as a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief may be granted. Doty v. Fellhauer Elec., Inc., 175 Ohio App.3d 681, 2008-Ohio-1294, 888 N.E.2d 1138, ¶ 17; McMullian v. Borean, 167 Ohio App.3d 777, 2006-Ohio-3867, 857 N.E.2d 180, ¶ 7. This is because one can be reasonably characterized as a “belated” version of the other. Whaley v. Franklin Cty. Bd. of Commrs. (2001), 92 Ohio St.3d 574, 581, 752 N.E.2d 267; Doty v. Fellhauer Elec., Inc. at ¶ 17.

{¶ 9} As appellants’ motion was based upon a claimed defense of sovereign immunity, the trial court’s order denying the motion is immediately appealable under R.C. 2744.02(C) as interpreted by the Ohio Supreme Court in Hubbell v. Xenia, 115 Ohio St.3d 77, 2007-Ohio-4839, 873 N.E.2d 878. Hubbell at syllabus; Slonsky v. J.W. Didado Elec. Inc., 9th Dist. No. 24228, 2008-Ohio-6791, 2008 WL 5340863, ¶ 7-9; Lowery v. Cleveland, 8th Dist. No. 90246, 2008-Ohio-132, 2008 WL 151880, ¶ 4.

{¶ 10} We review a trial court’s order granting a Civ.R. 12(B)(6) motion to dismiss for failure to state a claim upon which relief can be granted on a de novo basis. Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79, 2004-Ohio-4362, 814 N.E.2d 44, ¶ 5; Firelands Regional Med. Ctr. v. Jeavons, 6th Dist. No. E-07-068, 2008-Ohio-5031, 2008 WL 4408600, ¶ 17. “A motion to dismiss for failure to state a claim upon which relief can be granted is procedural and tests the sufficiency of the complaint.” State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs. (1992), 65 Ohio St.3d 545, 548, 605 N.E.2d 378. In considering such a motion, we accept as true the factual allegations of the complaint. Perrysburg Twp. v. Rossford at ¶ 5.

[334]*334(¶ 11} “The standard for determining whether to grant a Civ.R. 12(B)(6) motion is straightforward. In order for a complaint to be dismissed under Civ.R. 12(B)(6) for failure to state a claim, it must appear beyond doubt from the complaint that the plaintiff can prove no set of facts entitling him to relief. O’Brien v. Univ. Community Tenants Union, Inc. (1975), 42 Ohio St.2d 242, 71 O.O.2d 223, 327 N.E.2d 753, syllabus.” Cincinnati v. Beretta U.S.A. Corp., 95 Ohio St.3d 416, 2002-Ohio-2480, 768 N.E.2d 1136, ¶ 5.

{¶ 12} In their motion and on appeal, appellants have argued that the immunities afforded employees of political subdivisions under R.C. 2744.03 bar appellee’s claims against the individual county defendants. Two individuals are named as defendants in the complaint: appellants Zoliak and Sylvester. The appellants have not argued any basis for dismissal of claims asserted against the Lucas County Sheriffs Department. We therefore limit our inquiry to claims against the two individual appellants.

{¶ 13} R.C. 2744.03(A)(6)(a), (b), and (c) set forth three exceptions to sovereign immunity for employees of political subdivisions in this state. The statute provides:

{¶ 14} “R.C. 2744.03

{¶ 15} “(A) In a civil action brought against a political subdivision or an employee of a political subdivision to recover damages for injury, death, or loss to person or property allegedly caused by any act or omission in connection with a governmental or proprietary function, the following defenses or immunities may be asserted to establish nonliability:

{¶ 16} “ * * *

{¶ 17} “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division or sections 3314.07 and 3746.24 of the Revised Code, the employee is immune from liability unless one of the following applies:

{¶ 18} “(a) The employee’s acts or omissions were manifestly outside the scope of the employee’s employment or official responsibilities;

{¶ 19} “(b) The employee’s acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;

{¶ 20} “(c) Civil liability is expressly imposed upon the employee by a section of the Revised Code. * * * ”

Recklessness

{¶ 21} In Thompson v. McNeill (1990), 53 Ohio St.3d 102, 104-105, 559 N.E.2d 705, the Supreme Court of Ohio employed the definition of “recklessness” under 2 [335]*335Restatement of the Law 2d, Torts (1965) 587, Section 500, in considering tort liability between participants at sporting events. Subsequently, in Fabrey v. McDonald Police Dept. (1994), 70 Ohio St.3d 351, 356, 639 N.E.2d 31

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916 N.E.2d 1134, 183 Ohio App. 3d 331, Counsel Stack Legal Research, https://law.counselstack.com/opinion/jones-v-lucas-county-sheriffs-department-ohioctapp-2009.