Governmental/Public Entity Liability

Motion to dismiss granted in favor of Police Department and Detective Sergeant in legal challenge to enforcement of Delta 8

Motion for judgment on the pleadings granted based on four-year medical claim statute of repose in a multi-faceted lawsuit (alleging federal and state law claims) against medical care providers based on a suicide in a county jail.

Grandview Solar Project, LLC (GSP), the entity behind what we will be the largest solar farm in Indiana (+$50 million investment), filed suit against our insured, Town of Grandview, for refusing to issue them an improvement location permit for the solar farm project. There was an issue with the original approval of the project and the Town of Grandview did not want to issue an improvement location permit which exceeded their corporate limits. The matter was settled between GSP and the Town of Grandview with the Town receiving funds over the course of the project to help with town projects in the future and with GSP getting the improvement location permit.  More than 80 citizens who opposed the solar farm project subsequently filed a lawsuit alleging that the improvement location permit was void, seeking to stop the construction of the permit.  Town of Grandview filed a motion to dismiss along with GSP which the Court granted.

The Sixth Circuit Court of Appeals affirmed the grant of a motion for summary judgment on qualified immunity for several police officers who entered an individual’s property without a warrant while accompanying firefighters investigating a water leak on a neighboring property.

Summary judgment granted in favor of the School District’s Board of Education, administrators, and employees on multiple federal claims, including alleged violations of Title IX, Title II of the Americans with Disabilities Act, and Section 504 of the Rehabilitation Act, as well as alleged violations of the plaintiff’s constitutional rights. 

In July 2021, a retaining wall collapsed on Plaintiff’s property. The wall was between the city sidewalk and Plaintiff’s house and he contend that it was the City of Bedford’s responsibility to repair it. Shortly after the collapse, Plaintiff emailed the city asking it to be repaired. The City of Bedford maintained it was his responsibility. Plaintiff filed a lawsuit but the trial court dismissed the case based on the failure of Disbro to put the City of Bedford on notice pursuant to the Indiana Tort Claim Act. Plaintiff appealed contending that he substantially complied with the Indiana Tort Claim Act, and even if he did not then he asserted a common law public nuisance claim and a violation of his constitutional rights. The Court of Appeals affirmed dismissal.

Motion to dismiss granted in favor of a city police department based on the Indiana Tort Claims Act’s immunity provision which provides immunity for enforcing or failing to enforce the law. The Court of Appeals affirmed dismissal. 

United States Court of Appeals for the Sixth Circuit affirmed trial court’s dismissal of various claims sounding in discrimination and wrongful discharge.

Defense of administrative appeal of municipality’s conditional use permit.

Motion for Summary Judgment granted in favor of jail medical providers where defendants demonstrated that plaintiff could not prove deliberate indifference claims under Section 1983 related to care provided to plaintiff while incarcerated.

Secured a dismissal in favor of a township in the Fifth District Court of Appeals. The Plaintiff was injured when they swerved off a county road, which was gravel, onto an embankment. They alleged our client was liable since an employee was operating a tractor that was in the process of grading the road. They claimed our client’s negligent positioning forced them off the road, causing injuries. Below, we secured dismissal in our client’s favor based on political subdivision immunity. The Fifth District affirmed that dismissal on two grounds. First, it held the township employee was engaged in the governmental function of grading the gravel road, which the township was statutorily duty-bound to perform. And second, the employee’s tractor was not an obstruction. As such, the township preserved its entitlement to immunity under R.C. 2744.03.

Obtained summary judgment in favor of local city and police department on Constitutional Rights claims brought under 42 U.S. Code § 1983 based on allegations of deprivation of civil rights stemming from police officer encounter with a citizen.

Motion to dismiss granted in favor of pretrial supervision and probation services company. Plaintiffs, proposed class representatives, sued our client in a seven-count complaint for numerous violations of the Due Process and Equal Protection Clauses of the United States Constitution as well as for conspiracy in this Section 1983 action. Plaintiffs sought a declaratory judgment, compensatory damages, attorney’s fees and costs, and injunctive relief. Dismissal was filed and a preliminary injunction motion/hearing was held.

Motion to dismiss granted in a breach of duty case against a city involving the collapse of a city-built and owned retaining wall. Plaintiff failed to provide a tort claim notice, or substantially comply with the same requirements, pursuant to the Indiana Tort Claims Act.

Motion to dismiss granted in favor of a county hospital and jail when plaintiff alleged that they lost property when being transferred from the jail to the hospital.

1983 Claim against a Condominium Association was dismissed for a lack of state action.

Affirmed decision of trial court on an administrative appeal under R.C. 2506.01 behalf of a local city council accused of violating Ohio’s Sunshine Laws while removing a city police chief for cause after notice and hearing. Because the hearing under R.C. 733.36 is a quasi-judicial proceeding, the Sunshine Laws do not apply and City Council was within its power and discretion to meet in private and consider the evidence before voting to remove the appellant based on his misconduct. Furthermore, the Court rejected the notion that “off duty” conduct of an officer, including the chief of police, cannot be considered by City Council when deciding to remove the individual from office under the Ohio Revised Code.

Court dismissed all claims (including defamation and unjust enrichment) asserted by a resident against a local municipality and its employees after he was refused access to the city rec center when he refused to wear a mask during the COVID-19 pandemic.

Obtained dismissal of declaratory judgment action asserted by a former city council member against current city council members for wrongful discharge of his position with Council by successfully arguing that the Plaintiff’s use of a racial slur amounts to misconduct within the confines of the governing Kentucky statute that provides grounds for removal of elected officers, KRS 83A.040.

Summary judgment victory in a Federal 1983 Claim based upon free speech and free speech retaliation by a secretary and a police officer who were involved in the report of a mayor stealing funds.

Successfully defended a Class I Residential Youth Facility in an administrative trial in Columbus, Ohio before the Ohio Department of Mental Health and Addiction Services (ODMHAS), which sought to revoke our client’s license. ODMHAS recommended dismissal of the alleged violations. Instead of having its license revoked as threatened by the State, our client received a recommendation for its renewal, with a notable chastisement of the State, and compliments for the service it provides to the community.

Defense of governmental liability claim for denial of zoning permits and civil rights violations.

Successful defense on a claim where the Plaintiff was alleging a zoning decision violated the Americans with Disabilities Act, the Fair Housing Act and the U.S. Constitution.

Obtained dismissal of malicious prosecution and First Amendment 1983 claim against a prosecutor.   

Defense of City against a claim of property damage caused by a City-owned tree that fell on the plaintiff’s home during a storm. 

Dismissal of 1983 Claim against the judge who ordered a spectator to drug test, and then threw her in jail for refusing to take the test.  

Defense of correctional food service provider on claims that they violated the First and Eighth Amendment Rights by placing a substantial burden on inmate's religious practice by refusing to give him a vegan diet and created unconstitutional conditions of confinement by serving him an inadequately nutritious diet.

After obtaining summary judgment that a nurse was not deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery, the judgement was affirmed on appeal.

Defense of the City of Frankfort, Indiana and their police officers in a Section 1983 case, with alleged claims of unlawful stop and arrest, unlawful use of force, unlawful search, malicious prosecution, and respondeat superior liability.

Dismissal affirmed in favor of political subdivision employee based on immunity.

Successfully obtained summary judgment on behalf of jail doctor who was alleged to have been deliberately indifferent to an inmates serious medical needs by refusing to prescribe him a specific type of nerve medication as well as a desired pain medication.

Successfully obtained summary judgment for contractor of federal prison where she was alleged to have refused emergency care to an inmate based on lack of cause of action under Bivens or otherwise to assert the same.

Race discrimination, retaliation, and First Amendment retaliation case filed in federal court against a school district and several administrators.

Defense of a police officer against an abuse of process claim.

Defense of police department against sexual harassment claim.

Summary judgment granted in favor of Township Trustees on claims of employment and pay discrimination.

Motion for Summary Judgment granted on behalf of correctional support services company in an alleged First Amendment violation.

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. 

Obtained summary judgment on behalf of nurse who was alleged to have been deliberately indifferent to a prisoner’s serious medical needs for violating hospital policy regarding discharge after surgery.

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.

Obtained summary judgment on behalf of urologist for who was allegedly deliberately indifferent to a prisoner’s serious medical needs in treating kidney stones on the basis that he was not a state actor acting under the color of law to be liable under Section 1983.

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

Defended City and Mayor in civil rights claim for employment discrimination.  Obtained summary judgment for defendants.  

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