Bailey v. Ohio Dept. of Dev. Disabilities

Citations

• 2023 Ohio 3144

Syllabus

Civ.R. 12(C) Motion for Judgment on the Pleadings Agency Political Subdivision R.C. 5126.02. Plaintiff alleged abuse by Defendant via the Cuyahoga Board of Developmental Disabilities. The Cuyahoga Board of Developmental Disabilities was formed pursuant to R.C. 5126.02 as a political subdivision. A political subdivision is not an agent of the state absent statutory language to that effect. The Court concluded that the Court of Claims does not have jurisdiction over Plaintiff's claim because the Cuyahoga Board of Developmental Disabilities was not acting as an agent of Defendant and does not fall within any statutory exception. Accordingly, the Court granted Defendant's motion for judgment on the pleadings, dismissed Plaintiff's claims based upon the acts or omissions of the Cuyahoga County Board of Developmental Disabilities without prejudice for lack of subject matter jurisdiction, and dismissed Plaintiff's remaining claims for failure to state a claim upon which relief can be granted.