Sec. 9.87. (A) The state, except as provided in
division (B) | 24 |
of this section, shall indemnify an officer or employee
from | 25 |
liability incurred in the performance of hisofficial
duties by | 26 |
paying any judgment in, or amount negotiated in settlement of,
any | 27 |
civil action arising under federal law, the law of another
state, | 28 |
or the law of a foreign jurisdiction. The reasonableness
of the | 29 |
amount of any consent judgment or settlement is subject to
the | 30 |
review and approval of the attorney general and of the
director, | 31 |
administrative chief, or governing body of the employer
of the | 32 |
officer or employee who is to be indemnified. The maximum | 33 |
aggregate amount of indemnification paid directly from state
funds | 34 |
to or on behalf of any officer or employee pursuant to this | 35 |
division shall be one million dollars per occurrence, regardless | 36 |
of the number of persons who suffer damage, injury, or death as a | 37 |
result of the occurrence. | 38 |
(C) The director of administrative services may purchase a | 55 |
policy or policies of insurance on behalf of officers and | 56 |
employees of the state from an insurer or insurers licensed to do | 57 |
business in this state providing coverage for amounts in excess
of | 58 |
one million dollars per occurrence incurred in connection with
any | 59 |
civil action, demand, or claim against the officer or
employee by | 60 |
reason of an act or omission by the officer or
employee occurring | 61 |
in the performance of histhe officer's or
employee's duties and | 62 |
not
coming within the terms of division (B)(2) of this section. | 63 |
(1) If the employer of the defendant officer or employee
to | 73 |
be indemnified determines that the actions or omissions of its | 74 |
officer or employee giving rise to the claim were not within the | 75 |
terms of division (B)(2) of this section, an indemnity agreement | 76 |
shall be prepared by the attorney general, specifying that the | 77 |
employer will indemnify the officer or employee from a particular | 78 |
judgment that has been rendered or a particular settlement amount | 79 |
that has been negotiated. The agreement shall name the person or | 80 |
entity to whom payment by the state of the judgment or settlement | 81 |
amount will be made, and the agreement shall not be effective | 82 |
until it is approved by the officer or employee to be
indemnified, | 83 |
the director, administrative chief, or other
governing body of the | 84 |
employer, and by the attorney general. The
attorney general shall | 85 |
approve the indemnity agreement, unless hethe attorney general | 86 |
finds that division (B) of this section prohibits the state from | 87 |
indemnifying the officer or employee, or prohibits the state from | 88 |
indemnifying the officer or employee for a portion of a judgment | 89 |
or settlement and the indemnity agreement would indemnify the | 90 |
officer or employee for all or a part of that portion. | 91 |
(5) If the director of budget and management determines
that | 106 |
sufficient unencumbered moneys do not exist in the
particular | 107 |
appropriations to pay the indemnification, hethe
director shall | 108 |
make application for payment of the indemnification out of the | 109 |
emergency purposes account or any other appropriation for | 110 |
emergencies or contingencies, and payment out of this account or | 111 |
other appropriation shall be authorized if there are sufficient | 112 |
moneys greater than the sum total of then pending emergency | 113 |
purposes account requests, or requests for releases from the
other | 114 |
appropriation. | 115 |
(6) If sufficient moneys do not exist in the emergency | 116 |
purposes account or any other appropriation for emergencies or | 117 |
contingencies to pay the indemnification, the employer named in | 118 |
the agreement shall request the general assembly to make an | 119 |
appropriation sufficient to pay the indemnification, and no | 120 |
payment shall be made until the appropriation has been made. The | 121 |
employer shall make this appropriation request during the current | 122 |
biennium and during each succeeding biennium until a sufficient | 123 |
appropriation is made. | 124 |
If the employer determines that sufficient unencumbered | 129 |
moneys do not exist to pay the indemnification, the employer
shall | 130 |
make application for payment of the indemnification out of
the | 131 |
emergency purposes account or any other appropriation for | 132 |
emergencies or contingencies, and payment out of this account or | 133 |
other appropriation shall be authorized if there are sufficient | 134 |
moneys greater than the sum total of then pending emergency | 135 |
purposes account requests, or requests for releases from the
other | 136 |
appropriation. | 137 |
If sufficient moneys do not exist in the emergency purposes | 138 |
account or any other appropriation for emergencies or | 139 |
contingencies to pay the indemnification, the employer named in | 140 |
the agreement shall request the general assembly to make an | 141 |
appropriation sufficient to pay the indemnification, and no | 142 |
payment shall be made until such an appropriation has been made. | 143 |
The employer shall make this appropriation request during the | 144 |
current biennium and during each succeeding biennium until a | 145 |
sufficient appropriation is made. | 146 |
(F)(1) Subject to division (F)(2) of this section, if an | 147 |
employer or the
attorney general fails to
approve indemnification | 148 |
or limits indemnification of an officer
or employee of the | 149 |
employer, the officer or employee may commence
an action against | 150 |
the employer in the court of claims pursuant to
sections 2743.01 | 151 |
to 2743.20 of the Revised Code to prove that hethe
officer or | 152 |
employee
is entitled to indemnification pursuant to division (A) | 153 |
of this
section and that division (B) of this section does not | 154 |
prohibit
or limit histhe officer's or employee's indemnification | 155 |
and
seeking either a judgment
against the employer for a sum of | 156 |
money that the officer or
employee has paid to satisfy a judgment | 157 |
or settlement or an order
directing the employer to pay a judgment | 158 |
or settlement against
the officer or employee that has not been | 159 |
satisfied. Section
109.365 of the Revised Code does not prohibit | 160 |
any information
obtained by the attorney general in histhe | 161 |
attorney general's
investigation conducted
pursuant to division | 162 |
(A) of section 109.362 of the Revised Code
to determine whether to | 163 |
defend the officer or employee from being
admitted as evidence in | 164 |
any action brought pursuant to this
section. | 165 |
An action brought pursuant to division (F)(1) of this section | 166 |
shall be
commenced no later than two years after the cause of | 167 |
action
arising under division (F)(1) of this section accrues. A | 168 |
cause of action
arising
under this section accrues upon the entry | 169 |
of a money judgment
against the officer or employee if the time | 170 |
for filing an appeal
in the action lapses without the filing of an | 171 |
appeal, upon the
conclusion of the final appeal in any action in | 172 |
which a money
judgment is entered against the officer or employee | 173 |
if an appeal
is filed in the action, or upon execution of any | 174 |
settlement
agreement requiring payment of money by the officer or | 175 |
employee. | 176 |
(B) Whenever the officer having charge of a county | 203 |
correctional facility, a community-based correctional facility, or | 204 |
a halfway house facility intends to have prisoners or adult | 205 |
offenders work outside the facility on a work detail, the officer | 206 |
shall give advance written notice or notice by electronic mail to | 207 |
the chief executive officer of any municipal corporation and the | 208 |
township clerk of any township in which the prisoners or adult | 209 |
offenders will be working on the work detail of the date or dates | 210 |
on which, and the approximate locations at which, the work will be | 211 |
performed, the nature of the work, and the approximate number of | 212 |
prisoners or adult offenders who will be working on the work | 213 |
detail. | 214 |
(C)
If all the prisoners or adult offenders working on a work | 215 |
detail administered by a county correctional facility, a | 216 |
community-based correctional facility, or a halfway house facility | 217 |
and outside the facility have volunteered for the work detail and | 218 |
are imprisoned or reside in that facility for an offense other | 219 |
than an offense of violence and if the applicable county | 220 |
correctional officer, community-based correctional officer, or | 221 |
halfway house facility officer complies with division (D) of this | 222 |
section, both of the following apply: | 223 |
(1) No sheriff, deputy sheriff, county correctional officer, | 224 |
community-based correctional facility officer, or halfway house | 225 |
facility officer is liable for civil damages for injury, death, or | 226 |
loss to person or property caused or suffered by a prisoner or | 227 |
adult offender working on the work detail unless the injury, | 228 |
death, or loss results from malice or wanton or reckless | 229 |
misconduct of the sheriff, deputy sheriff, county correctional | 230 |
officer, community-based correctional facility officer, or halfway | 231 |
house facility officer. | 232 |
(2) The county in which the prisoners or adult offenders work | 233 |
on the work detail and that employs the sheriff, deputy sheriff, | 234 |
county correctional officer, community-based correctional facility | 235 |
officer, or halfway house facility officer is not liable for civil | 236 |
damages for injury, death, or loss to person or property caused or | 237 |
suffered by a prisoner or adult offender working on the work | 238 |
detail unless the injury, death, or loss results from malice or | 239 |
wanton or reckless misconduct of the sheriff or any deputy | 240 |
sheriff, county correctional officer, community-based correctional | 241 |
facility officer, or halfway house facility officer. | 242 |
(D) To qualify for the immunity described in division (C)(1) | 243 |
of this section, a county correctional officer, a community-based | 244 |
correctional facility officer, or a halfway house facility officer | 245 |
shall do all of the following for each prisoner or adult offender | 246 |
on a work detail prior to having the prisoners or adult offenders | 247 |
of the county correctional facility, the community-based | 248 |
correctional facility, or the halfway house facility work outside | 249 |
the facility on a work detail: | 250 |
(2) Inform the prisoner or adult offender of the provisions | 254 |
of this section, including notifying the prisoner or adult | 255 |
offender that, by volunteering for the work detail, the prisoner | 256 |
or adult offender cannot hold the sheriff, deputy sheriff, county | 257 |
correctional officer, community-based correctional facility | 258 |
officer, or halfway house facility officer or county liable for | 259 |
civil damages for injury, death, or loss to person or property | 260 |
unless the injury, death, or loss results from malice or wanton or | 261 |
reckless misconduct of the sheriff, deputy sheriff, county | 262 |
correctional officer, community-based correctional facility | 263 |
officer, or halfway house facility officer; | 264 |
(3) Obtain a written waiver, signed by the prisoner or adult | 265 |
offender, that states that the prisoner or adult offender is | 266 |
mentally competent to volunteer for the work detail and is not | 267 |
subject to duress or under undue influence. A written waiver under | 268 |
division (D)(3) of this section shall state clearly and in | 269 |
conspicuous type that the prisoner or adult offender who signs the | 270 |
waiver is signing it with full knowledge that, by volunteering for | 271 |
the work detail, the prisoner or adult offender cannot hold the | 272 |
sheriff, deputy sheriff, county correctional officer, | 273 |
community-based correctional facility officer, or halfway house | 274 |
facility officer or the county liable for civil damages for | 275 |
injury, death, or loss to person or property unless the injury, | 276 |
death, or loss results from malice or wanton or reckless | 277 |
misconduct of the sheriff, deputy sheriff, county correctional | 278 |
officer, community-based correctional facility officer, or halfway | 279 |
house facility officer. | 280 |
(B) Whenever the officer having charge of a municipal | 286 |
correctional facility intends to have prisoners work outside the | 287 |
facility on a work detail, the officer shall give advance written | 288 |
notice or notice by electronic mail to the chief executive officer | 289 |
of any municipal corporation and the township clerk of any | 290 |
township in which the prisoners will be working on the work detail | 291 |
of the date or dates on which, and the approximate locations at | 292 |
which, the work will be performed, the nature of the work, and the | 293 |
approximate number of prisoners who will be working on the work | 294 |
detail. | 295 |
(1) No member of the organized police department of the | 302 |
municipal corporation and no municipal correctional officer is | 303 |
liable for civil damages for injury, death, or loss to person or | 304 |
property caused or suffered by a prisoner working on the work | 305 |
detail unless the injury, death, or loss results from malice or | 306 |
wanton or reckless misconduct of the member of the organized | 307 |
police department of the municipal corporation or the municipal | 308 |
correctional officer. | 309 |
(2) A municipal corporation or township in which the | 310 |
prisoners work on the work detail and that employs the member of | 311 |
the organized police department or the municipal corrections | 312 |
officer is not liable for civil damages for injury, death, or loss | 313 |
to person or property caused or suffered by a prisoner working on | 314 |
the work detail unless the injury results from malice or wanton or | 315 |
reckless misconduct of the member of the organized police | 316 |
department of the municipal corporation or a municipal | 317 |
correctional officer. | 318 |
(2) Inform the prisoner of the provisions of this section, | 327 |
including notifying the prisoner that, by volunteering for the | 328 |
work detail, the prisoner cannot hold any member of the organized | 329 |
police department of the municipal corporation or any municipal | 330 |
correctional officer or the municipal corporation or township | 331 |
liable for civil damages for injury, death, or loss to person or | 332 |
property unless the injury, death, or loss results from malice or | 333 |
wanton or reckless misconduct of the member of the organized | 334 |
police department of the municipal corporation or the municipal | 335 |
correctional officer; | 336 |
(3) Obtain a written waiver, signed by the prisoner, that | 337 |
states that the prisoner is mentally competent to volunteer for | 338 |
the work detail and is not subject to duress or under undue | 339 |
influence. A written waiver under division (D)(3) of this section | 340 |
shall state clearly and in conspicuous type that the prisoner who | 341 |
signs the waiver is signing it with full knowledge that, by | 342 |
volunteering for the work detail, the prisoner cannot hold any | 343 |
member of the organized police department of a municipal | 344 |
corporation or a municipal correctional officer or the municipal | 345 |
corporation or township liable for civil damages for injury, | 346 |
death, or loss to person or property unless the injury, death, or | 347 |
loss results from malice or wanton or reckless misconduct of the | 348 |
member of the organized police department of the municipal | 349 |
corporation or the municipal correctional officer. | 350 |
(A) "State" means the state of Ohio, including, but not | 352 |
limited to, the general assembly, the supreme court, the offices | 353 |
of all elected state officers, and all departments, boards, | 354 |
offices, commissions, agencies, institutions, and other | 355 |
instrumentalities of the state of Ohio. "State" does not include | 356 |
political subdivisions. | 357 |
Sec. 2743.02. (A)(1) The state hereby waives its immunity | 380 |
from liability, except as provided for the office of the state | 381 |
fire marshal in division (G)(1) of section 9.60 and division (B) | 382 |
of section 3737.221 of the Revised Code and subject to division | 383 |
(H) of this section, and consents to be sued, and have its | 384 |
liability
determined, in the court of claims created in this | 385 |
chapter in
accordance with the same rules of law applicable to | 386 |
suits between
private parties, except that the determination of | 387 |
liability is
subject to the limitations set forth in this chapter | 388 |
and, in the
case of state universities or colleges, in section | 389 |
3345.40 of the
Revised Code, and except as provided in division | 390 |
(A)(2) or (3) of this
section. To the extent that the state has | 391 |
previously consented
to
be sued, this chapter has no | 392 |
applicability. | 393 |
Except in the case of a civil action filed by the state, | 394 |
filing a civil action in the court of claims results in a
complete | 395 |
waiver of any cause of action, based on the same act or
omission, | 396 |
which the filing party has against any officer or
employee, as | 397 |
defined in section 109.36 of the Revised Code. The
waiver shall
be | 398 |
void if the court determines that the act or
omission was | 399 |
manifestly outside the scope of the officer's or
employee's office | 400 |
or employment or that the officer or employee
acted with malicious | 401 |
purpose, in bad faith, or in a wanton or
reckless manner. | 402 |
(2) If a claimant proves in the court of claims that an | 403 |
officer or employee, as defined in section 109.36 of the Revised | 404 |
Code, would have personal liability for
the officer's or | 405 |
employee's acts or omissions but
for the fact that the officer or | 406 |
employee has personal immunity
under section 9.86 of the Revised | 407 |
Code, the state shall be held
liable in the court of claims in any | 408 |
action that is timely filed
pursuant to section 2743.16 of the | 409 |
Revised Code and that is based
upon the acts or omissions. | 410 |
(B) The state hereby waives the immunity from liability of | 432 |
all hospitals owned or operated by one or more political | 433 |
subdivisions and consents for them to be sued, and to have their | 434 |
liability determined, in the court of common pleas, in accordance | 435 |
with the same rules of law applicable to suits between private | 436 |
parties, subject to the limitations set forth in this chapter. | 437 |
This division is also applicable to hospitals owned or operated
by | 438 |
political subdivisions which have been determined by the
supreme | 439 |
court to be subject to suit prior to July 28, 1975. | 440 |
(C) Any hospital, as defined
in section
2305.113 of the | 441 |
Revised Code, may purchase liability insurance
covering its | 442 |
operations and activities and its agents, employees,
nurses, | 443 |
interns, residents, staff, and members of the governing
board and | 444 |
committees, and, whether or not such insurance is
purchased, may, | 445 |
to such extent as its governing board considers
appropriate, | 446 |
indemnify or agree to indemnify and hold harmless any
such person | 447 |
against expense, including attorney's fees, damage,
loss, or
other | 448 |
liability arising out of, or claimed to have arisen
out of,
the | 449 |
death, disease, or injury of any person as a result of
the | 450 |
negligence, malpractice, or other action or inaction of the | 451 |
indemnified person while acting within the scope of
the | 452 |
indemnified person's duties or engaged in activities at the | 453 |
request or
direction, or for the benefit, of the hospital. Any | 454 |
hospital electing to
indemnify
such persons, or to agree to so | 455 |
indemnify, shall reserve such
funds as are necessary, in the | 456 |
exercise of sound and prudent
actuarial judgment, to cover the | 457 |
potential expense, fees, damage,
loss, or other liability. The | 458 |
superintendent of insurance may
recommend, or, if such hospital | 459 |
requests
the superintendent
to do so, the
superintendent shall | 460 |
recommend, a specific amount for any period
that, in
the | 461 |
superintendent's opinion, represents such a
judgment. This | 462 |
authority is in addition to any authorization otherwise
provided | 463 |
or
permitted by law. | 464 |
(D) Recoveries against the state shall be reduced by the | 465 |
aggregate of insurance proceeds, disability award, or other | 466 |
collateral recovery received by the claimant. This division does | 467 |
not apply to civil actions in the court of claims against a state | 468 |
university or college under the circumstances described in
section | 469 |
3345.40 of the Revised Code. The collateral benefits
provisions
of | 470 |
division (B)(2) of that section apply under those
circumstances. | 471 |
(F) A civil action against an officer or employee, as
defined | 477 |
in section 109.36 of the Revised Code, that alleges that
the | 478 |
officer's or employee's conduct was manifestly outside the
scope | 479 |
of
the officer's or employee's employment or official | 480 |
responsibilities, or that the
officer or employee acted with | 481 |
malicious purpose, in bad faith,
or in a wanton or reckless manner | 482 |
shall first be filed against
the state in the court of claims, | 483 |
which has exclusive, original
jurisdiction to determine, | 484 |
initially, whether the officer or
employee is entitled to personal | 485 |
immunity under section 9.86 of
the Revised Code and whether the | 486 |
courts of common pleas have
jurisdiction over the civil action. | 487 |
(G) Whenever a claim lies against an officer or employee who | 493 |
is a member of
the Ohio national guard, and the officer or | 494 |
employee was, at the time of the
act or omission complained of, | 495 |
subject to the "Federal Tort Claims Act," 60
Stat. 842 (1946), 28 | 496 |
U.S.C. 2671, et seq., then the Federal Tort Claims Act is
the | 497 |
exclusive remedy of the claimant and the state has no liability | 498 |
under this
section. | 499 |
(H) If an inmate of a state correctional institution has a | 500 |
claim against the state for the loss of or damage to property and | 501 |
the amount claimed does not exceed three hundred dollars, before | 502 |
commencing an action against the state in the court of claims, the | 503 |
inmate shall file a claim for the loss or damage under the rules | 504 |
adopted by the director of rehabilitation and correction pursuant | 505 |
to this division. The inmate shall file the claim within the time | 506 |
allowed for commencement of a civil action under section 2743.16 | 507 |
of the Revised Code. If the state admits or compromises the claim, | 508 |
the director shall make payment from a fund designated by the | 509 |
director for that purpose. If the state denies the claim or does | 510 |
not compromise the claim at least sixty days prior to expiration | 511 |
of the time allowed for commencement of a civil action based upon | 512 |
the loss or damage under section 2743.16 of the Revised Code, the | 513 |
inmate may commence an action in the court of claims under this | 514 |
chapter to recover damages for the loss or damage. | 515 |