State v. Cincinnati Complaint Auth.

Citations

• 2019 Ohio 5349

Syllabus

PERMANENT INJUNCTON — IRREPARABLE HARM:The trial court abused its discretion by granting a motion for a permanent injunction where the moving party failed to demonstrate the requisite clear and convincing evidence of irreparable harm and the trial court made no determination as to the party's success on the merits of its underlying claim. [See CONCURRENCE: Because the moving party failed to establish irreparable harm, the trial court abused its discretion in granting a permanent injunction, and the appellate court need not opine as to the merits of the cause of action.] [But see DISSENT: The trial court did not abuse its discretion in permanently enjoining the Citizen Complaint Authority from conducting interviews or hearings involving police officers who are state witnesses in a related felony criminal proceeding until after the criminal proceeding has concluded: a veteran felony prosecutor testified that prosecutors discuss confidential information with their witnesses, including the state's trial strategy, case theories, and confidential witness names, and the veteran prosecutor testified as to the concern with a state witness disclosing confidential information during the CCA interview, which the state is not permitted to attend moreover, the state has no legal mechanism to intervene in the CCA process to protect its interests, which leaves the state with no other choice but to seek court intervention prior to the interviews in order to protect the state's interests.]