Open Access. Powered by Scholars. Published by Universities.®
State and Local Government Law Commons™
Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- Sovereign immunity (6)
- Government liability (3)
- Governmental function (3)
- Governmental immunity (3)
- Proprietary function (3)
-
- Abrogated (1)
- Agency by estoppel (1)
- Albain v. Flower Hospital (1)
- Apparent agency (1)
- Carrel v. Allied Products Corp. (1)
- Charitable immunity doctrine (1)
- Collins v. Sotka (1)
- Constitutional law (1)
- Constitutional tort claims (1)
- County hospital (1)
- Court decision (1)
- Discretion (1)
- Discretionary function (1)
- Elections (1)
- Enumerated powers (1)
- Estoppel by judgment (1)
- Excessive force (1)
- Exemplary damages (1)
- Federal tort claims act (1)
- Fire protection (1)
- Government (1)
- Governmental functions (1)
- Hannola v. City of Lakewood (1)
- Immunity (1)
- Inadequate warning (1)
Articles 1 - 17 of 17
Full-Text Articles in State and Local Government Law
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness, Matt Chiricosta
Qualified Immunity Dissonance In The Sixth Circuit: Why We Must Return To Reasonableness, Matt Chiricosta
Cleveland State Law Review
The Sixth Circuit's inconsistent jurisprudence threatens the delicate balance that the defense aims to strike between protecting citizens from having their constitutional rights violated on the one hand and protecting government officials from undue interference with their official duties on the other. This Note critiques the medical emergency-law enforcement response capacity the Sixth Circuit has set forth to help adjudicate qualified immunity claims and suggests improvements the court can make to its qualified immunity jurisprudence.In Part II, I briefly trace the Supreme Court's development of the doctrine and outline the doctrine's policy goals. In Part III, I develop my thesis …
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Writing Checks Or Righting Wrongs: Election Funding And The Tort Decisions Of The Ohio Supreme Court, James T. O'Reilly
Cleveland State Law Review
This paper will try to address the court's present and future course in tort law, with particular focus on products liability, malpractice, and employer tort liability. These are the most intriguing segments of modern tort law in Ohio. The paper concludes that stare decisis and the precedential accretion of the common law no longer seem to matter to the Ohio Supreme Court. Instead, the cacophony of a fractured court has imperiled predictability and imperiled the court's national reputation. Instead, the topic of a prospective justice's view of the tort system is unfortunately an early and frequent conversation in recruitment, selection, …
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Ohio Tort Reform In 1998: The War Continues , Stephen J. Werber
Cleveland State Law Review
For more than a decade a war has been waged between forces seeking legislative reform of tort law, with emphasis on product liability, and the Ohio Supreme Court. The battleground has been the legislative enactments of the Ohio General Assembly. This legislation has faced consistent challenge before the court as a proper exercise of its power of judicial review. This article discusses the two primary cases in which the court has won its war with the legislature by replacing the legislative words and intent with judicial interpretations. Part II begins the discussion with a look at the Carrel v. Allied …
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
From Hannola To Albain: The Rise And Fall Of Ohio's Hospital Agency By Estoppel Doctrine, David J. Wigham
Cleveland State Law Review
The role of the hospital in the field of medicine has evolved significantly in recent decades. Now hospitals privately distance themselves as far as possible from the acts of the negligent physician. Courts have intervened in recent years and expanded the scope of vicarious hospital liability. This Note will begin with a brief history of vicarious hospital liability. Next, it will examine the elements of two doctrines which are being used to impute such liability to hospitals - agency by estoppel and ostensible agency - and determine how each has been applied by courts across the nation to the hospital …
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Tort Claims Against The State: Comparative And Categorical Analyses Of The Ohio Court Of Claims Act And Interpretations Of The Act In Tort Litigation Against The State, Lawrence P. Wilkins
Cleveland State Law Review
Upon passage of the Ohio Court of Claims Act of 1975, the State of Ohio waived its sovereign immunity and consented to be sued in a court established solely for that purpose. Within a relatively short period of time, the Ohio Court of Claims has made a significant imprint on the development of tort law in Ohio, distinguishing itself in its efforts to provide an effective forum for those injured by the state or one of its instrumentalities while defining the limits beyond which state liability for tortious conduct will not extend. As might be expected of a new court …
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Sovereign Immunity Abrogated In Ohio: Krause V. State, James B. Wilkens
Cleveland State Law Review
The decision thus promulgates three principal rulings: (1) that sovereign immunity does not provide a bar to bringing an action against the State of Ohio, (2) that the state is liable by virtue of the doctrine of respondeat superior for the authorized activities of its officers, employees and other agents, and (3) that freedom of individual agents from civil liability arising out of authorized activities for the state is retained. The effects of these rulings are far from obvious, in large part because of the confused prior state of the law upon which they are engrafted. Furthermore, the grounds given …
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Delay In Notice Of Tort Claim Against A Government Agency, William P. Farrall
Cleveland State Law Review
Despite an onslaught of criticism and a rationale predicated on the discredited doctrine of Divine Right of Kings, the rule of sovereign immunity still exists in many states. As a result of this anachronism, municipalities and other subdivisions of state government have continued to escape liability for the tortious conduct of their agents. This situation has persisted despite a tendency by the courts to restrict rather than extend the principle of immunity. Statutory enactments such as short term notice provisions applied against potential plaintiffs by states and their subdivisions, when strictly construed by the courts, have had the effect of …
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Governmental Liability For Inadequate Traffic Sign, Robert C. Egger
Cleveland State Law Review
Because the gratuitous rider situation, and others, provide a need fora clear rule as to the standard of care required of a governmental agency with regard to highway signing and because the results of present cases seem to be at great variance, this paper is presented as an attempt to set forth and clarify the existing standards and to propose a practical rule for uniform adoption. Thus, the material below is confined to a study of only the standard by which the adequacy of highway signing is measured in determining the liability of a governmental agency upon an allegation naming …
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Liability Of Police Officers For Misuse Of Their Weapons, Herbert E. Greenston
Cleveland State Law Review
The focus of this article is twofold: it will begin by examining the historical development of the body of law which deals with the liability of the police officer for the negligent use of his weapons, and it will attempt to consider the practical problems confronting the attorney for the injured plaintiff in marshalling his evidence and presenting his case.
Municipal Immunity In Police Torts, Carol F. Dakin
Municipal Immunity In Police Torts, Carol F. Dakin
Cleveland State Law Review
This article summarizes and analyzes municipal immunity from liability for torts committed by police officers. Despite the existence of a strong minority, the climate in the United States is not one in favor of the abrogation of the doctrine of governmental immunity in the near future. It should be hoped that in the states where the legislatures have failed to act, the courts will see it as their duty to overturn this anachronism, and that in the states where the courts have refused to part with the past, the legislatures will enact laws to abolish the doctrine. Until such changes …
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Municipal Liability For Failure To Provide Police And Fire Protection, Charles F. Reusch
Cleveland State Law Review
A municipal corporation generally has no duty to provide fire and police protection, and is not liable in tort or contract to private persons for losses suffered therefrom, unless a statute specifically allows recovery. The underlying reasoning for this comes from (1) the concept of governmental tort immunity when municipalities are engaged in governmental functions (fire-fighting and giving police protection are almost universally held to be governmental functions) and (2) the common law notion that, absent any duty imposed by statute, the municipal corporation cannot be liable for mere inactivity on the part of public servants which results in damage, …
Birth And Death And Governmental Immunity, Verne Lawyer
Birth And Death And Governmental Immunity, Verne Lawyer
Cleveland State Law Review
Much as been written concerning the doctrine of governmental immunity and the doubtful justice of its application. This article is aimed toward a discussion of the role of the courts in the rise and decline of the doctrine in the United States with primary emphasis upon the reasoning behind the court decisions. The multitude of cases in which this doctrine is invoked presents a zig-zag pattern of conflict in the thinking of the courts, some of which adhere to a rigid rule of stare decisis, others of which attempt to modify and adapt the doctrine to the rapidly expanding present …
Municipal Liability For Exemplary Damages, David H. Hines
Municipal Liability For Exemplary Damages, David H. Hines
Cleveland State Law Review
Although the law is not altogether free from doubt on the subject of municipal liability for exemplary damages, it is a settled principle that exemplary damages may not be recovered against a municipal corporation, nor a state, in the absence of statutory authority.
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Tort Immunity Of Minor Governmental Officers, Morton L. Kaplan
Cleveland State Law Review
This note concerns the issues which the courts, both state and federal, have considered in proffering the cloak of immunity to minor public officers, and the current trends toward the extension, narrowing or maintenance of the doctrine of immunity.
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Test Of Sovereign Immunity For Municipal Corporations, Howard H. Fairweather
Cleveland State Law Review
In a recent Ohio case, the Supreme Court handed down a unanimous opinion that a municipality that voluntarily owns and operates a swimming pool primarily for the benefit of its citizens (who might be interested), does so in the exercise of a proprietary function and is answerable for its negligence. Both the courts and legal writers have long recognized the problem of distinguishing between governmental and proprietary functions. And as it appears that the distinction will be with the courts for at least some time to come, the real problem is to rexamine the tests to see if a workable …
Governmental Immunity Of County Hospitals, Alice K. Henry
Governmental Immunity Of County Hospitals, Alice K. Henry
Cleveland State Law Review
The weight of authority holds that ownership and maintenance of a county hospital is a governmental function, even though the hospital is maintained for profit, and the county charges for treatment.
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Law And Logic: Conflict In Ohio's Wrongful Death Statute, Traci P. Donald
Cleveland State Law Review
The doctrines of res judicata and estoppel by judgment are fundamental rules of the law which in both theory and practice fit into rather well defined situations, with one significant exception. An attempt to apply these doctrines to actions for wrongful death points out a serious vacuum in the law. A consideration of whether an injured person's release during his lifetime of a claim for personal injuries bars later claim of his administrator for wrongful death and pain and suffering of decedent will bring the problem into clear perspective. The solution, and there appears to be none short of statutory …