Skip to code content (skip section selection)
(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:
(1) The political subdivision is immune from liability if the employee involved was engaged in the performance of a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function.
(2) The political subdivision is immune from liability if the conduct of the employee involved, other than negligent conduct, that gave rise to the claim of liability was required by law or authorized by law, or if the conduct of the employee involved that gave rise to the claim of liability was necessary or essential to the exercise of powers of the political subdivision or employee.
(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the discretion of the employee with respect to policy making, planning, or enforcement powers by virtue of the duties and responsibilities of the office or position of the employee.
(4) The political subdivision is immune from liability if the action or failure to act by the political subdivision or employee involved that gave rise to the claim of liability, resulted in injury or death to a person who had been convicted of or pleaded guilty to a criminal offense and who, at the time of the injury or death, was serving any portion of his or her sentence by performing community service work for or in the political subdivision whether pursuant to R.C. § 2951.02 or otherwise, or resulted in injury or death to a child who was found to be a delinquent child and who, at the time of the injury or death, was performing community service or community work for or in a political subdivision in accordance with the order of a juvenile court entered pursuant to R.C. § 2152.19 or 2152.20, and if, at the time of that person’s or child’s injury or death, the person or child was covered for purposes of R.C. Chapter 4123 in connection with the community service or community work for or in the political subdivision.
(5) The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of judgment or discretion in determining whether to acquire, or how to use, equipment, supplies, materials, personnel, facilities, and other resources, unless the judgment or discretion was exercised with malicious purpose, in bad faith, or in a wanton or reckless manner.
(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 R.C. §§ 3314.07 and 3746.24, the employee is immune from liability unless one of the following applies:
(a) His or her acts or omissions were manifestly outside the scope of his or her employment or official responsibilities;
(b) His or her acts or omissions were with malicious purpose, in bad faith, or in a wanton or reckless manner;
(c) Civil liability is expressly imposed upon the employee by a section of the Ohio Revised Code. Civil liability shall not be construed to exist under another section of the Ohio Revised Code merely because that section imposes a responsibility or mandatory duty upon an employee, because that section provides for a criminal penalty, because of a general authorization in that section that an employee may sue and be sued, or because the section uses the term “shall” in a provision pertaining to an employee.
(7) The political subdivision, and an employee who is the Chief Legal Officer of a political subdivision, an assistant of any such person, or a judge of a court of this state, is entitled to any defense or immunity available at common law or established by the Ohio Revised Code.
(B) Any immunity or defense conferred upon, or referred to in connection with, an employee by division (A)(6) or (A)(7) of this section does not affect or limit any liability of a political subdivision for an act or omission of the employee as provided in § 36.02 above.
(R.C. § 2744.03) (Rev. 2003)