Sec. 9.87. (A) The state, except as provided in
division (B) | 30 |
of this section, shall indemnify an officer or employee
from | 31 |
liability incurred in the performance of hisofficial
duties by | 32 |
paying any judgment in, or amount negotiated in settlement of,
any | 33 |
civil action arising under federal law, the law of another
state, | 34 |
or the law of a foreign jurisdiction. The reasonableness
of the | 35 |
amount of any consent judgment or settlement is subject to
the | 36 |
review and approval of the attorney general and of the
director, | 37 |
administrative chief, or governing body of the employer
of the | 38 |
officer or employee who is to be indemnified. The maximum | 39 |
aggregate amount of indemnification paid directly from state
funds | 40 |
to or on behalf of any officer or employee pursuant to this | 41 |
division shall be one million dollars per occurrence, regardless | 42 |
of the number of persons who suffer damage, injury, or death as a | 43 |
result of the occurrence. | 44 |
(C) The director of administrative services may purchase a | 61 |
policy or policies of insurance on behalf of officers and | 62 |
employees of the state from an insurer or insurers licensed to do | 63 |
business in this state providing coverage for amounts in excess
of | 64 |
one million dollars per occurrence incurred in connection with
any | 65 |
civil action, demand, or claim against the officer or
employee by | 66 |
reason of an act or omission by the officer or
employee occurring | 67 |
in the performance of histhe officer's or
employee's duties and | 68 |
not
coming within the terms of division (B)(2) of this section. | 69 |
(1) If the employer of the defendant officer or employee
to | 79 |
be indemnified determines that the actions or omissions of its | 80 |
officer or employee giving rise to the claim were not within the | 81 |
terms of division (B)(2) of this section, an indemnity agreement | 82 |
shall be prepared by the attorney general, specifying that the | 83 |
employer will indemnify the officer or employee from a particular | 84 |
judgment that has been rendered or a particular settlement amount | 85 |
that has been negotiated. The agreement shall name the person or | 86 |
entity to whom payment by the state of the judgment or settlement | 87 |
amount will be made, and the agreement shall not be effective | 88 |
until it is approved by the officer or employee to be
indemnified, | 89 |
the director, administrative chief, or other
governing body of the | 90 |
employer, and by the attorney general. The
attorney general shall | 91 |
approve the indemnity agreement, unless hethe attorney general | 92 |
finds that division (B) of this section prohibits the state from | 93 |
indemnifying the officer or employee, or prohibits the state from | 94 |
indemnifying the officer or employee for a portion of a judgment | 95 |
or settlement and the indemnity agreement would indemnify the | 96 |
officer or employee for all or a part of that portion. | 97 |
(5) If the director of budget and management determines
that | 112 |
sufficient unencumbered moneys do not exist in the
particular | 113 |
appropriations to pay the indemnification, hethe
director shall | 114 |
make application for payment of the indemnification out of the | 115 |
emergency purposes account or any other appropriation for | 116 |
emergencies or contingencies, and payment out of this account or | 117 |
other appropriation shall be authorized if there are sufficient | 118 |
moneys greater than the sum total of then pending emergency | 119 |
purposes account requests, or requests for releases from the
other | 120 |
appropriation. | 121 |
(6) If sufficient moneys do not exist in the emergency | 122 |
purposes account or any other appropriation for emergencies or | 123 |
contingencies to pay the indemnification, the employer named in | 124 |
the agreement shall request the general assembly to make an | 125 |
appropriation sufficient to pay the indemnification, and no | 126 |
payment shall be made until the appropriation has been made. The | 127 |
employer shall make this appropriation request during the current | 128 |
biennium and during each succeeding biennium until a sufficient | 129 |
appropriation is made. | 130 |
If the employer determines that sufficient unencumbered | 135 |
moneys do not exist to pay the indemnification, the employer
shall | 136 |
make application for payment of the indemnification out of
the | 137 |
emergency purposes account or any other appropriation for | 138 |
emergencies or contingencies, and payment out of this account or | 139 |
other appropriation shall be authorized if there are sufficient | 140 |
moneys greater than the sum total of then pending emergency | 141 |
purposes account requests, or requests for releases from the
other | 142 |
appropriation. | 143 |
If sufficient moneys do not exist in the emergency purposes | 144 |
account or any other appropriation for emergencies or | 145 |
contingencies to pay the indemnification, the employer named in | 146 |
the agreement shall request the general assembly to make an | 147 |
appropriation sufficient to pay the indemnification, and no | 148 |
payment shall be made until such an appropriation has been made. | 149 |
The employer shall make this appropriation request during the | 150 |
current biennium and during each succeeding biennium until a | 151 |
sufficient appropriation is made. | 152 |
(F)(1) Subject to division (F)(2) of this section, if an | 153 |
employer or the
attorney general fails to
approve indemnification | 154 |
or limits indemnification of an officer
or employee of the | 155 |
employer, the officer or employee may commence
an action against | 156 |
the employer in the court of claims pursuant to
sections 2743.01 | 157 |
to 2743.20 of the Revised Code to prove that hethe
officer or | 158 |
employee
is entitled to indemnification pursuant to division (A) | 159 |
of this
section and that division (B) of this section does not | 160 |
prohibit
or limit histhe officer's or employee's indemnification | 161 |
and
seeking either a judgment
against the employer for a sum of | 162 |
money that the officer or
employee has paid to satisfy a judgment | 163 |
or settlement or an order
directing the employer to pay a judgment | 164 |
or settlement against
the officer or employee that has not been | 165 |
satisfied. Section
109.365 of the Revised Code does not prohibit | 166 |
any information
obtained by the attorney general in histhe | 167 |
attorney general's
investigation conducted
pursuant to division | 168 |
(A) of section 109.362 of the Revised Code
to determine whether to | 169 |
defend the officer or employee from being
admitted as evidence in | 170 |
any action brought pursuant to this
section. | 171 |
An action brought pursuant to division (F)(1) of this section | 172 |
shall be
commenced no later than two years after the cause of | 173 |
action
arising under division (F)(1) of this section accrues. A | 174 |
cause of action
arising
under this section accrues upon the entry | 175 |
of a money judgment
against the officer or employee if the time | 176 |
for filing an appeal
in the action lapses without the filing of an | 177 |
appeal, upon the
conclusion of the final appeal in any action in | 178 |
which a money
judgment is entered against the officer or employee | 179 |
if an appeal
is filed in the action, or upon execution of any | 180 |
settlement
agreement requiring payment of money by the officer or | 181 |
employee. | 182 |
(1) No sheriff, deputy sheriff, or county correctional | 200 |
officer is liable for civil damages for injury, death, or loss to | 201 |
person or property caused or suffered by a prisoner or adult | 202 |
offender working on the work detail unless the injury, death, or | 203 |
loss results from malice or wanton or reckless misconduct of the | 204 |
sheriff, deputy sheriff, or county correctional officer. | 205 |
(2) The county in which the prisoners or adult offenders work | 206 |
on the work detail and that employs the sheriff, deputy sheriff, | 207 |
or county correctional officer is not liable for civil damages for | 208 |
injury, death, or loss to person or property caused or suffered by | 209 |
a prisoner or adult offender working on the work detail unless the | 210 |
injury, death, or loss results from malice or wanton or reckless | 211 |
misconduct of the sheriff or any deputy sheriff or county | 212 |
correctional officer. | 213 |
(C) To qualify for the immunity described in division (B)(1) | 214 |
of this section regarding a work detail, a county correctional | 215 |
officer, prior to having the prisoners or adult offenders of the | 216 |
county correctional facility, work outside the facility on the | 217 |
work detail, shall inform each prisoner or adult offender on the | 218 |
work detail of the provisions of this section, including notifying | 219 |
the prisoner or adult offender that, by volunteering for the work | 220 |
detail, the prisoner or adult offender cannot hold the sheriff, | 221 |
deputy sheriff, or county correctional officer or the county | 222 |
liable for civil damages for injury, death, or loss to person or | 223 |
property unless the injury, death, or loss results from malice or | 224 |
wanton or reckless misconduct of the sheriff, deputy sheriff, or | 225 |
county correctional officer. | 226 |
(1) No member of the organized police department of the | 239 |
municipal corporation and no municipal correctional officer is | 240 |
liable for civil damages for injury, death, or loss to person or | 241 |
property caused or suffered by a prisoner working on the work | 242 |
detail unless the injury, death, or loss results from malice or | 243 |
wanton or reckless misconduct of the member of the organized | 244 |
police department of the municipal corporation or the municipal | 245 |
correctional officer. | 246 |
(2) A municipal corporation in which the prisoners work on | 247 |
the work detail and that employs the member of the organized | 248 |
police department or the municipal correctional officer or a | 249 |
township in which the prisoners work on the work detail is not | 250 |
liable for civil damages for injury, death, or loss to person or | 251 |
property caused or suffered by a prisoner working on the work | 252 |
detail unless the injury, death, or loss results from malice or | 253 |
wanton or reckless misconduct of the member of the organized | 254 |
police department of the municipal corporation or a municipal | 255 |
correctional officer. | 256 |
(C) To qualify for the immunity described in division (B)(1) | 257 |
of this section regarding a work detail, a municipal correctional | 258 |
officer, prior to having the prisoners of the municipal | 259 |
correctional facility work outside the facility on the work | 260 |
detail, shall inform each prisoner on the work detail of the | 261 |
provisions of this section, including notifying the prisoner that, | 262 |
by volunteering for the work detail, the prisoner cannot hold any | 263 |
member of the organized police department of the municipal | 264 |
corporation or any municipal correctional officer or the municipal | 265 |
corporation or township liable for civil damages for injury, | 266 |
death, or loss to person or property unless the injury, death, or | 267 |
loss results from malice or wanton or reckless misconduct of the | 268 |
member of the organized police department of the municipal | 269 |
corporation or the municipal correctional officer. | 270 |
(A) "State" means the state of Ohio, including, but not | 272 |
limited to, the general assembly, the supreme court, the offices | 273 |
of all elected state officers, and all departments, boards, | 274 |
offices, commissions, agencies, institutions, and other | 275 |
instrumentalities of the state of Ohio. "State" does not include | 276 |
political subdivisions. | 277 |
Sec. 2743.02. (A)(1) The state hereby waives its immunity | 300 |
from liability, except as provided for the office of the state | 301 |
fire marshal in division (G)(1) of section 9.60 and division (B) | 302 |
of section 3737.221 of the Revised Code and subject to division | 303 |
(H) of this section, and consents to be sued, and have its | 304 |
liability
determined, in the court of claims created in this | 305 |
chapter in
accordance with the same rules of law applicable to | 306 |
suits between
private parties, except that the determination of | 307 |
liability is
subject to the limitations set forth in this chapter | 308 |
and, in the
case of state universities or colleges, in section | 309 |
3345.40 of the
Revised Code, and except as provided in division | 310 |
(A)(2) or (3) of this
section. To the extent that the state has | 311 |
previously consented
to
be sued, this chapter has no | 312 |
applicability. | 313 |
Except in the case of a civil action filed by the state, | 314 |
filing a civil action in the court of claims results in a
complete | 315 |
waiver of any cause of action, based on the same act or
omission, | 316 |
which the filing party has against any officer or
employee, as | 317 |
defined in section 109.36 of the Revised Code. The
waiver shall
be | 318 |
void if the court determines that the act or
omission was | 319 |
manifestly outside the scope of the officer's or
employee's office | 320 |
or employment or that the officer or employee
acted with malicious | 321 |
purpose, in bad faith, or in a wanton or
reckless manner. | 322 |
(2) If a claimant proves in the court of claims that an | 323 |
officer or employee, as defined in section 109.36 of the Revised | 324 |
Code, would have personal liability for
the officer's or | 325 |
employee's acts or omissions but
for the fact that the officer or | 326 |
employee has personal immunity
under section 9.86 of the Revised | 327 |
Code, the state shall be held
liable in the court of claims in any | 328 |
action that is timely filed
pursuant to section 2743.16 of the | 329 |
Revised Code and that is based
upon the acts or omissions. | 330 |
(B) The state hereby waives the immunity from liability of | 352 |
all hospitals owned or operated by one or more political | 353 |
subdivisions and consents for them to be sued, and to have their | 354 |
liability determined, in the court of common pleas, in accordance | 355 |
with the same rules of law applicable to suits between private | 356 |
parties, subject to the limitations set forth in this chapter. | 357 |
This division is also applicable to hospitals owned or operated
by | 358 |
political subdivisions which have been determined by the
supreme | 359 |
court to be subject to suit prior to July 28, 1975. | 360 |
(C) Any hospital, as defined
in section
2305.113 of the | 361 |
Revised Code, may purchase liability insurance
covering its | 362 |
operations and activities and its agents, employees,
nurses, | 363 |
interns, residents, staff, and members of the governing
board and | 364 |
committees, and, whether or not such insurance is
purchased, may, | 365 |
to such extent as its governing board considers
appropriate, | 366 |
indemnify or agree to indemnify and hold harmless any
such person | 367 |
against expense, including attorney's fees, damage,
loss, or
other | 368 |
liability arising out of, or claimed to have arisen
out of,
the | 369 |
death, disease, or injury of any person as a result of
the | 370 |
negligence, malpractice, or other action or inaction of the | 371 |
indemnified person while acting within the scope of
the | 372 |
indemnified person's duties or engaged in activities at the | 373 |
request or
direction, or for the benefit, of the hospital. Any | 374 |
hospital electing to
indemnify
such persons, or to agree to so | 375 |
indemnify, shall reserve such
funds as are necessary, in the | 376 |
exercise of sound and prudent
actuarial judgment, to cover the | 377 |
potential expense, fees, damage,
loss, or other liability. The | 378 |
superintendent of insurance may
recommend, or, if such hospital | 379 |
requests
the superintendent
to do so, the
superintendent shall | 380 |
recommend, a specific amount for any period
that, in
the | 381 |
superintendent's opinion, represents such a
judgment. This | 382 |
authority is in addition to any authorization otherwise
provided | 383 |
or
permitted by law. | 384 |
(D) Recoveries against the state shall be reduced by the | 385 |
aggregate of insurance proceeds, disability award, or other | 386 |
collateral recovery received by the claimant. This division does | 387 |
not apply to civil actions in the court of claims against a state | 388 |
university or college under the circumstances described in
section | 389 |
3345.40 of the Revised Code. The collateral benefits
provisions
of | 390 |
division (B)(2) of that section apply under those
circumstances. | 391 |
(F) A civil action against an officer or employee, as
defined | 397 |
in section 109.36 of the Revised Code, that alleges that
the | 398 |
officer's or employee's conduct was manifestly outside the
scope | 399 |
of
the officer's or employee's employment or official | 400 |
responsibilities, or that the
officer or employee acted with | 401 |
malicious purpose, in bad faith,
or in a wanton or reckless manner | 402 |
shall first be filed against
the state in the court of claims, | 403 |
which has exclusive, original
jurisdiction to determine, | 404 |
initially, whether the officer or
employee is entitled to personal | 405 |
immunity under section 9.86 of
the Revised Code and whether the | 406 |
courts of common pleas have
jurisdiction over the civil action. | 407 |
(G) Whenever a claim lies against an officer or employee who | 413 |
is a member of
the Ohio national guard, and the officer or | 414 |
employee was, at the time of the
act or omission complained of, | 415 |
subject to the "Federal Tort Claims Act," 60
Stat. 842 (1946), 28 | 416 |
U.S.C. 2671, et seq., then the Federal Tort Claims Act is
the | 417 |
exclusive remedy of the claimant and the state has no liability | 418 |
under this
section. | 419 |
(H) If an inmate of a state correctional institution has a | 420 |
claim against the state for the loss of or damage to property and | 421 |
the amount claimed does not exceed three hundred dollars, before | 422 |
commencing an action against the state in the court of claims, the | 423 |
inmate shall file a claim for the loss or damage under the rules | 424 |
adopted by the director of rehabilitation and correction pursuant | 425 |
to this division. The inmate shall file the claim within the time | 426 |
allowed for commencement of a civil action under section 2743.16 | 427 |
of the Revised Code. If the state admits or compromises the claim, | 428 |
the director shall make payment from a fund designated by the | 429 |
director for that purpose. If the state denies the claim or does | 430 |
not compromise the claim at least sixty days prior to expiration | 431 |
of the time allowed for commencement of a civil action based upon | 432 |
the loss or damage under section 2743.16 of the Revised Code, the | 433 |
inmate may commence an action in the court of claims under this | 434 |
chapter to recover damages for the loss or damage. | 435 |
Sec. 5502.52. (A) There is hereby created the statewide | 439 |
emergency
alert program
to aid in the identification and location | 440 |
of
children who are
under eighteen years of age, who are abducted, | 441 |
and whose
abduction, as determined by a law enforcement agency, | 442 |
poses a
credible threat of immediate danger of serious bodily harm | 443 |
or death to a child. The
program shall be a coordinated effort | 444 |
among the governor's office, the department of public safety, the | 445 |
attorney general, law
enforcement agencies, the state's public
and | 446 |
commercial
television and radio broadcasters, and others as
deemed | 447 |
necessary by the governor. | 448 |
(D) Any radio broadcast station, television broadcast | 469 |
station, or cable television system participating in the statewide | 470 |
emergency alert program or in any local or regional emergency | 471 |
alert program, and any director, officer, employee, or agent of | 472 |
any such station or system, shall not be liable to any person for | 473 |
damages for any loss allegedly caused by or resulting from the | 474 |
station's or system's broadcast or cablecast of, or failure to | 475 |
broadcast or cablecast, any information pursuant to the statewide | 476 |
emergency alert program or the local or regional emergency alert | 477 |
program. | 478 |
(3) "Law enforcement agency" includes, but is not limited
to, | 486 |
a county sheriff's office, the office of a village
marshal, a | 487 |
police department of a municipal corporation, a police
force of a | 488 |
regional transit authority, a police force of a
metropolitan | 489 |
housing authority, the state highway patrol, a state
university | 490 |
law enforcement agency, the office of a township police
constable, | 491 |
and the police department of a township or joint
township police | 492 |
district. | 493 |