Cuyahoga Cty. v. Ohio Patrolmen's Benevolent Assn.
Citations
- 240 N.E.3d 885
- 2024 Ohio 1055
Syllabus
Ohio Patrolmen's Benevolent Association collective bargaining agreement arbitration award overpayments recoupment equitable estoppel. The county overpaid several grievants in 2021 by mistake, and when the county realized its mistake, it unilaterally deducted the grievants' pay over three pay periods in 2022. The issue on appeal is whether the arbitrator exceeded his authority when he determined that the county's unilateral recoupment of the 2021 overpayment by deducting the grievants' 2022 pay did not comport with the provisions of the CBA. Our review indicates the arbitrator did not exceed his powers because the arbitration award drew its essence from the collective bargaining agreement. Furthermore, the arbitrator's application of equitable estoppel is supported by a detailed analysis of the arbitration and court precedent. Because we find no statutory grounds exist to vacate the arbitrator's award pursuant to R.C. 2711.10, the trial court's judgment affirming the award is affirmed.
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that no exigency existed when the armed suspect retreated to his home and did not make any verbal threats toward the officers or point his gun at anyone outside the home
- holding that defendant officers were entitled to qualified immunity when a reasonable officer “could conclude that there were exigent circumstances excusing the requirement that a warrant be obtained” before entering the plaintiff’s home
- finding illegal a municipal policy allowing the warrantless entry of homes during the management of critical incidents
- finding no emergency existed because officers had surrounded the house and the suspect could not flee the scene
- “The right O’Brien alleges to have been violated was clearly established: the right of persons to be protected from a warrantless search of their house unless exigent circumstances require immediate police action.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Sheehan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.