Is Public Agency Immune from Lawsuit by Employee Based on False Arrest for Alleged Work-Related Theft?

Or Does Immunity Exception for Claims 'Arising Out of Employment' Apply?

Darrell Sampson v. Cuyahoga Metropolitan Housing Authority et al.

Case no. 2010-1561

8th District Court of Appeals (Cuyahoga County)

ISSUE: Political subdivisions of the state (e.g., cities, counties, townships, school districts) and their employees are generally immune from civil liability for injuries caused by their negligent acts under Ohio's sovereign immunity statute. However a subsection of the statute, R.C. 2744.09(B), provides that subdivisions are not immune from "civil actions by an employee ... against his political subdivision relative to any matter that arises out of the employment relationship between the employee and the political subdivision."