Governmental/Public Entity Liability

First of its kind defense of Prosecutor and Clerk of Courts for publicly making a Plaintiff’s personal driver’s license and date of birth information available. 

Plaintiff, a prison inmate, filed a Section 1983 action against nurses at Terre Haute Regional Hospital. After summary judgment was filed, Plaintiff voluntarily agreed to dismiss all the nurses except one. This nurse cared for Plaintiff after his left foot surgery at THRH. Plaintiff alleged that the nurse was deliberately indifferent to his serious medical needs because he was discharged in violation of THRH policy and for not placing a medical shoe on him prior to discharge. Summary judgment was sought, in part, on the basis that the nurse was not deliberately indifferent to Plaintiff’s medical needs. Although the nurse discharged Plaintiff in violation of the hospital policy, Plaintiff did not prove that he was harmed by the premature discharge and that there was no evidence she knew that he would be walking thus negating the need to place a medical shoe on his foot.

Defense of a police excessive force case.

Appealed trial court judgment dismissing school board’s claim regarding sharing of tax revenue.

Landmark decision on ability of government employees to contract with their employer.  Represented Spencer Township in appeal to reverse a judgement regarding a breach of contract on behalf of a terminated Fire Chief. The Court found that the contract was null and void and not enforceable and judgment was entered in favor of the Township.

Summary judgment granted in favor of school district, administrators, and teachers on negligence claims involving an individualized education plan, supervision, and staffing levels

Summary judgment on gender discrimination and retaliation claims upheld involving a female police officer who was terminated at the end of her training phase

Plaintiff, a prisoner at Wabash Correctional Facility, alleged a Section 1983 claim for a deliberate indifference to his medical needs in violation of the 8th amendment.

The Plaintiff had complained that his civil rights were violated with respect to his medical treatment in jail. The court granted summary judgment finding that he had not met his burden to show that they exercised deliberate indifference in his medical treatment  

Summary judgment granted in favor of school district on claims of copyright and trademark infringement

Defense of police chief and captain against Fourteenth Amendment claim that the police department failed to adequately investigate the circumstances of the death of Plaintiff’s family member. 

Defense of damages in an admitted liability auto accident.

Plaintiff, a prison inmate, filed a Section 1983 action against Defendant alleging he was deliberately indifferent to his serious medical needs. Defendant had treated Plaintiff over the course of almost 6 months for large kidney stones. Summary judgment was sought on the basis that he was not a state actor (acting under color of law) and therefore not liable under Section 1983. The Court granted summary judgment—" There is no evidence in the record to indicate that defendant was a state actor when he provided medical services to Plaintiff.”

Defense of gender discrimination case.

Defense of premises liability case alleging significant injury

Christopher Plank, Administrator of the Estate of Monica Plank v. City of Bellefontaine and City of Bellefontaine Water Department  

Defense of municipality in wrongful death case, arguing against jurisdiction

Christopher Plank, Administrator of the Estate of Monica Plank v. City of Bellefontaine and City of Bellefontaine Water Department

Defense of municipality in wrongful death case

Defense of governmental liability claim for property damages arising out of demolition of Plaintiff’s condemned property.

S.C., A Minor, et al. v. Licking Co. Health Dept., et al.

Plaintiff appealed adverse trial court judgment in governmental premises liability personal injury claim

T. Anderson, et al. v. Warren Local School District Board of Education

Plaintiffs appealed adverse trial court judgment in claim by homeowners alleging trespass and negligence by school district for fronting damages to their residences.

Defense of public record request/injunction

Patterson v. Licking Township

Plaintiff appealed adverse trial court judgment in governmental liability claim based on wage and hour compensation

Defense of governmental liability police action for false imprisonment claim

Defense of First Amendment Freedom of Speech Claims

Defense of intentional infliction of emotion distress claim

D. Bentkowski v. Seven Hills, et al.

Plaintiff appealed adverse trial court judgment in employee claim against governmental entity in wrongful disclosure, invasion of privacy, retaliation and conspiracy

Defense of conditional use permit appeal from property owner

George Fisher v. Amberley Village

Client appealed validity of tax levy by Village for providing police services.

Defense of municipality

Defended citizen’s First Amendment challenge to municipal sign ordinance.

H. Stanton v. Jerusalem Twp., et al.

Governmental defendant appealed adverse trial court judgment granting fire chief judgment for wrongful termination.

LaBorde v. City of Gahanna and RITA

Plaintiff appealed governmental liability class action claim against City and Regional Income Taxing Authority based on constitutional rights regarding computation of City income tax credit.

Defense of bus and auto liability personal injury claim for governmental liability

Defense of 1983 civil rights claims in using excessive force, illegal seizure and malicious prosecution.

Defense of improper design of a sanitary sewer system causing erosion to property

Defense of government regarding constitutional claims

Defense of municipality

Defense of sexual harassment in employment and governmental context as well as gender discrimination case

C. Rastaedt v. City of Youngstown

Defendant appealed governmental liability case to court of appeals based on trial courts denial of summary judgment in personal injury claim arising out of municipalitys duty to maintain highways.

Defense of premise liability claim

Michael A. Lingo, et al. v. State of Ohio, et al./Thomas E. Day, Jr., Clerk of Court Bedford Muni. Ct., Victoria Dailey, Clerk of Court Chardon Muni. Court, and Lisa Mastrangelo, Clerk of Court of the Willoughby Mun. Court

Whether the named plaintiffs and a class of similarly situated plaintiffs are entitled to declaratory relief, injunctive relief and damages related to alleged overcharged court costs by clerks of court

Eminent domain proceedings to value 'taking' of property valuation claim for public utility pipeline easement use

Defense of governmental liability wrongful death claim involving drowning

Richard Weldon, et al. v. Prairie Township, et al.

Plaintiff appealed adverse trial court judgment in claim for damages arising out of township’s independent contractor work.

Murray Mining Coal Companies v. Rockies Express Pipeline

Plaintiff appealed adverse trial court judgment in claims for conversion of coal rights and injunctive relief against construction of utility pipeline.

Defense of eminent domain utility easement valuation claim

Execution of eminent domain valuation claim

Pomante v. Maritime Ashland Pipeline

Plaintiff appealed adverse trial court judgment in attack on pipeline easement dimensions

Shawnee Assoiciates, LP v. Village of Shawnee Hills, et al.

Plaintiff appealed adverse trial court judgment in governmental liability claim arising out of utility assessments.

Defense of township in property damage claim