How do I sue police for misconduct in Ohio?

1. Federal Statute. 42 U.S.C. § 1983 creates a cause of action against state actors who deprive plaintiffs of federal constitutional rights under color of law.

2. Qualified Immunity. The Sixth Circuit applies federal QI under Saucier/Pearson. State-court state-law claims are not subject to federal QI.

3. Ohio State-Law Alternative. Ohio has not abolished qualified immunity. The Political Subdivision Tort Liability Act (R.C. ch. 2744) gives broad immunity to municipalities and their employees acting within the scope of employment, with limited exceptions for negligent operation of vehicles. Officers personally may be sued if their conduct was malicious, in bad faith, or wanton/reckless.

4. Monell Liability. A municipality is liable under § 1983 only for constitutional violations caused by official policy, custom, or failure to train.

5. Statute of Limitations. Section 1983 borrows Ohio's 2-year personal-injury SOL (R.C. § 2305.10). State-tort claims against political subdivisions have a 2-year SOL under R.C. § 2744.04.

6. Common Constitutional Claims. Fourth Amendment excessive force, unlawful arrest, and unlawful search; Eighth Amendment for post-conviction abuse; Fourteenth Amendment due-process and equal-protection violations.

7. Damages. Compensatory and punitive damages (punitives only against individual officers), plus 42 U.S.C. § 1988 attorney fees.

8. Notice of Claim. Ohio does not require a notice of claim for actions against political subdivisions, but the 2-year SOL is strict; § 1983 federal claims also have no notice requirement.

9. Bivens. Federal-officer Bivens claims have been narrowed by Egbert v. Boule (2022).

This is legal information, not legal advice.