SUMMERVILLE v. FOREST PARK

No. 2009-2106.

128 Ohio St.3d 221 (2010)

2010-Ohio-6280

SUMMERVILLE, ADMR., Appellee, v. CITY OF FOREST PARK et al., Appellants.

Supreme Court of Ohio.

Decided December 27, 2010.


Attorney(s) appearing for the Case

Law Offices of Marc Mezibov and Marc D. Mezibov , for appellee.

Schroeder, Maundrell, Barbiere & Powers, Lawrence E. Barbiere , and Jay D. Patton , for appellants.

Schottenstein, Zox & Dunn Co., L.P.A, Stephen L. Byron , Rebecca K. Schaltenbrand , and Stephen J. Smith ; and John Gotherman , urging reversal for amicus curiae Ohio Municipal League.

Dinkler Pregon, L.L.C., Lynette Dinkler , and Jamey T. Pregon , urging reversal for amicus curiae Ohio Association of Civil Trial Attorneys.


O'CONNOR, J.

{¶ 1} In this appeal, we reconcile R.C. 2744.02(C) with R.C. 2744.09(E) and determine whether the denial of a motion for summary judgment in which a political subdivision or its employee sought federal qualified immunity from claims brought under Section 1983, Title 42, U.S.Code is a final, appealable order.

{¶ 2} R.C. Chapter 2744 governs political-subdivision immunity. Pursuant to R.C. 2744.02...

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