Woods v. Wellston

In Woods v. Wellston, (Jun. 15, 2005), S.D. Ohio, Eastern Division, No. 2:02 CV 762, the court held that the City of Wellston was entitled to summary judgment on the plaintiff's tort claims, including a claim of malicious prosecution, against the city for the actions of its alleged agents, various police officers and city officials. The court held: 'Common law agency principles, however, are clearly trumped by the Political Subdivision Tort Liability Act. See Reno v. City of Centerville, 2nd Dist. No. 20078, 2004 Ohio 781, at P53 ("a political subdivision may not be held liable under a theory of respondeat superior unless one of the exceptions to the sovereign immunity listed in R.C. 2744.02(B) applies"). Because Plaintiff's claims do not fall within one of the statutory exceptions set forth in Ohio Revised Code 2744.02(B), the City of Wellston is immune from suit and is entitled to summary judgment on these claims.' We likewise find as a matter of law that traditional agency principles do not apply to waive appellant's immunity in this case."