Benick v. Dept. of Agriculture

Citations

• 2019 Ohio 5469

Syllabus

Civ.R. 12(C) Civ.R. 12(B) R.C. 2743.03 R.C. 2743.02 R.C. 3717.11 Ohio Adm. Code 901:3-4-17. Plaintiff, the former Director of Environmental Health at Morrow County Health Department, filed an action against the Department of Agriculture, asserting that the defendant violated state laws by forcing local health departments, the plaintiff included, to document huge numbers of unwarranted code violations against local food establishments and forcing Morrow County Health Department, under plaintiff's direction, to close Amish businesses. The defendant filed a motion for judgment on the pleadings, to which the plaintiff did not file a response. After viewing the pleadings in a light most favorable to the plaintiff, the Court granted the defendant's motion for judgment on the pleadings. The Court found that plaintiff's complaint did not demonstrate how the defendant's alleged failure to abide by its statutory and regulatory responsibilities creates a viable private right of action. Thus, the Court found the plaintiff did not state a viable claim for money damages against the state. Moreover, the Court found that, even if the plaintiff's complaint could be interpreted to state a cognizable claim for relief, the defendant would be immune from liability because any viable claim would involve the defendant's performance or nonperformance of a \public duty.\ Further, the Court found that the plaintiff did not allege any facts in the complaint to establish the \special relationship\ exception to the public duty rule. As a result, the Court found in favor of the defendant.