Maggio v. Warren

2 Citing cases

  1. Brothers v. County of Summit

    Case No. 5:03 CV 1002 (N.D. Ohio May. 25, 2007)   Cited 11 times
    Holding "[j]ust as the county could not be held liable for the actions of its employees under respondeat superior, a government supervisory employee . . . cannot be held liable when sued in an individual or personal capacity for the actions of employees over whom there was supervisory authority. Liability for supervision exists under ยง 1983 only when 'the supervisor encouraged the specific incident of misconduct or in some other way directly participated in it,' or 'at least implicitly authorized, approved or knowingly acquiesced in the unconstitutional conduct of the offending subordinate'"

    McCloud v. Nimmer, 76 Ohio App.3d at 535 (municipal off-duty officer's gun discharged and accidentally injured officer's friend during impromptu demonstration of disarming techniques). Schoenfield v. Navarre, 164 Ohio App.3d 571, 843 N.E.2d 234, 238, 2005-Ohio-6407 (2005) (immunity from wrongful death action following suicide of "suspicious" individual who had been questioned after purchasing a firearm); Maggio v. City of Warren, 2006 WL 3772258 *5-6, 2006 ___ Ohio ___ 6880 (Ohio app. 11 Dist.) (immunity for homeowners' assault, battery, false arrest, malicious prosecution and intentional and negligent infliction of emotional distress claims arising from police intrusion to capture fleeing suspect hiding in home). More to the point, police service has also included release of an expunged criminal record to news media containing embarrassing information.

  2. Motley v. Wendy's Old Fashion Hamburgers, Inc.

    CASE NO. 1:05 CV 2506 (N.D. Ohio Oct. 30, 2007)   Cited 2 times

    Id.Maggio v. City of Warren, No. 2006-T-0028, 2006 WL 3772258, at *6 (Ohio App. 11 Dist. Dec. 2006); Hiles v. Franklin County Bd. Of Comm'rs, No. 05AP-253, 2005 WL 3557454, at *10 (Ohio App. 10 Dist. Dec. 30, 2005). Ohio statutory law, however, grants immunity to individual police officers under a separate section.