WILSON v. NEU

No. 83-1459.

12 Ohio St. 3d 102 (1984)

WILSON, APPELLANT, v. NEU ET AL., APPELLEES.

Supreme Court of Ohio.

Decided July 18, 1984.


Attorney(s) appearing for the Case

Messrs. Nichols, Speidel & Nichols and Mr. Thomas H. Flessa, for appellant.

Mr. Thomas F. Grennan, for appellee Neu.

Messrs. McConn & Cutrell and Mr. Jay D. Cutrell, for appellee village of Hamersville.


HOLMES, J.

Two issues are presented by this appeal for review. One, does a mayor enjoy judicial immunity from civil liability when he exceeds his authority in sentencing an individual to be incarcerated for a minor misdemeanor violation? And, two, is a municipality liable for such actions taken by the mayor?

A substantial majority of jurisdictions recognize the rule that where a judge possesses jurisdiction over the controversy he is not civilly liable for...

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