Love v. Hamilton Cty. Job. & Family Servs.

Citations

• 2025 Ohio 2498

Syllabus

CAPACITY – CIV.R. 3(A) – PERSONAL JURSIDICTION – CIV.R. 12(B)(2) – CIV.R. 12(B)(6) – POLITICAL SUBDIVISION EMPLOYEE IMMUNITY – R.C. 2744.02 – PROCEDURAL DUE PROCESS: The trial court did not err in concluding that the Hamilton County Department of Job and Family Services lacked the capacity to be sued because no statute had given the department that capacity. Because the trial court dismissed plaintiff's claims against the Hamilton County Department of Job and Family Services based on the department's lack of capacity, and because a defendant's lack of capacity deprives a trial court of personal jurisdiction over that defendant, the trial court erred by dismissing those claims with prejudice pursuant to Civ.R. 12(B)(6), rather than without prejudice pursuant to Civ.R. 12(B)(2). The trial court did not err in dismissing claims against individual defendants where plaintiff did not assert any cause of action recognized under Ohio law. The trial court properly dismissed plaintiff's claim for gross negligence against an individual defendant based on political-subdivision-employee immunity, R.C. 2744.03, where plaintiff's complaint alleged that defendant was, at most, negligent. Plaintiff failed to state a claim to recover damages for deprivation of procedural due process because no allegation in his complaint suggested that the named defendant either deprived him of a constitutionally-protected interest or prevented him from availing himself of the relevant protective procedures. Plaintiff failed to state a claim upon which injunctive relief could be granted where nothing in the complaint suggested that the named defendant had the power to remedy plaintiff's allegedly ongoing injury.