Smith v. Ohio State Univ.

Citations

• 2024 Ohio 5887

Syllabus

The Ohio State University (\OSU\) is entitled to discretionary immunity from claims arising from OSU's decisions in response to the COVID-19 pandemic, brought by plaintiff-appellee on behalf of a putative class of students enrolled at OSU for the Spring 2020 semester. Under the doctrine of discretionary immunity, the state is immune from liability arising from decisions made pursuant to its discretionary function. Despite protestations to the contrary, plaintiff's claims arise directly from OSU's discretionary policy decisions to transition to virtual instruction for the remainder of the Spring 2020 semester and to restrict access to campus facilities. These were basic policy decisions, characterized by the exercise of a high degree of official judgment or discretion. Plaintiff's did not challenge OSU's implementation of those discretionary decisions, but challenged the decisions themselves. The state's discretionary immunity is not limited to tort claims. Because the Supreme Court of Ohio has determined that discretionary immunity is a jurisdictional matter, the Court of Claims lacks jurisdiction over this action. The Court of Claims' judgment certifying this matter as a class action is reversed, and the matter is remanded to that court for dismissal.