Ohio Supreme Court Holds Sovereign Immunity Does Not Protect Political Subdivisions Against Employee Intentional Tort Claims

Those involved with political subdivision claims will be interested in the Ohio Supreme Court’s new decision holding that sovereign immunity does not bar employee intentional tort claims when they arise out of the employment relationship. In Sampson v. Cuyahoga Metro. Hous. Auth., 2012 Ohio 570, defendant CMHA had plaintiff arrested in full view of his co-workers and local media after investigating employee use of agency credit cards for personal gasoline purchases. A grand jury indicted plaintiff for theft, but the prosecutor appeared for trial unprepared and had to dismiss the case. Plaintiff filed a union grievance and the arbitrator found that CMHA fired him without just cause and ordered reinstatement. Plaintiff ultimately resigned finding the work atmosphere intolerable. He then sued CMHA for intentional infliction of emotional distress and other claims. . . 2012 – Ohio Supreme Court Holds Sovereign Immunity Does Not Protect Political Subdivisions Against Employee Intentional Tort Claims