Hill v. Schildmeyer

Citations

• 252 N.E.3d 561
• 2024 Ohio 3261

Syllabus

PROCEDURE/RULES – CIV.R. 12(C) – JUDGMENT ON THE PLEADINGS – JUDICIAL NOTICE – IMMUNITY – R.C. 2744.03 – MALICIOUS PROSECUTION: The trial court did not err when it struck video evidence defendant police officer had attached to his reply in support of his motion for judgment on the pleadings because the videos were not part of the pleadings further, the trial court properly declined defendant's invitation to take judicial notice of the video evidence where the contents of the videos were not \adjudicative facts\ and thus, not an appropriate matter for which a court may take judicial notice. The trial court properly denied defendant's motion for judgment on the pleadings where plaintiff sufficiently pleaded the malice exception to government-employee immunity under R.C. 2744.03(A)(6), because plaintiff alleged his arrest and criminal charges by defendant police officer were racially motivated.