Carroll v. Cuyahoga Community College
Citations
- 226 N.E.3d 423
- 2023 Ohio 3628
Syllabus
Civ.R. 12(B)(6) motion to dismiss political subdivision immunity. The trial court erred to the extent that it denied appellant's motion to dismiss regarding intentional torts. It is well settled that a political subdivision is not liable for the intentional torts of its employees. However, the trial court correctly denied the motion as to the remaining counts. Appellee set out sufficient facts to overcome immunity.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that the defendant had no reasonable expectation of privacy in an area in part because he “did little to protect” that area
- concluding that the fact that a second fence enclosed only the house weighed against finding the barn was within the curtilage of the house
- concluding that observation of objects protected by the Fourth Amendment from a vantage point in the open fields does not violate the Fourth Amendment
- holding that no constitutional violation occurred when officers crossed open fields but did not enter any structure
- holding that officers did not violate the Fourth Amendment by standing in “open fields” to observe illegal activity located inside a barn
- holding that as long as officers were “standing ... in the open fields, the Constitution did not forbid [the officers] to observe” the area assumed to be curti-lage
Source: CourtListener parenthetical corpus (CC0).
Judges: Groves
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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