Crenshaw v. Cleveland Police Dept.

Citations

• 2022 Ohio 3915

Syllabus

Summary judgment motion to dismiss statute of limitations. A motion to dismiss challenges the sufficiency of a complaint. A trial court therefore properly rules on a motion to dismiss prior to discovery being completed. The motion to dismiss defendants sued in their official capacity was properly granted. A suit against an employee of a political subdivision in the employee's official capacity is an action against the entity itself. Because the claims against the defendants sued in their official capacities were redundant to the claims against the city, the claims against the defendants in their official capacities were properly dismissed. Appellant's claim against the former employee whose records she sought was properly dismissed. Her claim could be brought only against the city, not the former employee. The trial court properly granted the city's motion for summary judgment on the grounds that the action was time-barred. The alleged wrongdoing occurred in 2011, and appellant filed her action in 2021, outside of the five-year statute of limitations set forth in R.C. 149.351(E).