WHITESIDE, J.
Defendant-appellant, the state of Ohio, appeals from a judgment of the Court of Claims dismissing this action and raises a single assignment of error as follows:
"The court below erred in holding Mr. Ferguson not entitled to immunity under Revised Code § 9.86 where the court so held without conducting a hearing, without requiring plaintiff to meet any burden of proof, and without finding whether the allegations of the complaint were true...
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