Municipal Liability

The number of legal actions available against Ohio’s governmental entities is now limited, in part, by substantial case law originating in motions and brief out of our office.  There are a number of immunities and defenses that act to bar claims against municipalities.  Still, the legal framework that governs municipal liability claims in Ohio is complex and often differs according to the type of claim and the entity being sued.

Subashi & Wildermuth is experienced in handling all legal challenges facing municipalities, their employees, and their constituencies, which could include:

  • Governmental immunity
  • Tort liability
  • Title VII, the ADA, and the FMLA
  • Constitutional challenges to local ordinances
  • State actor liability under Section 1983
  • Eminent domain

Our attorneys have specialized knowledge of the state, local and federal statutes and regulations that affect municipalities. We have a tremendous success rate in bringing summary judgment motions and in defending cases at trial.

Representative Experience

  • Hale v. CSX Transp. (Oct. 31, 2008), 2nd App. Nos. 22546, 22547, 22592, 2008 WL 4763483, 2008-Ohio-5644. Motorist and families of motorist and deceased passengers brought actions against city, railroad, and county commissioners arising out of a collision between automobile and railroad at a damaged railroad crossing.  Municipal defendants were granted summary judgment.
  • Plummer v. Wilmer (2008) Clark Cty. Case No. 06 CV0681. Summary judgment in a case against municipality, officials and police officers alleging, among other things, malicious prosecution and defamation after police arrested couple for locking their daughter in a garage.
  • Treinen v. Village of Greenhills (Sept. 12, 2007) S.D. Ohio Case No. C-1-05-448, 2007 WL 4661292. Summary judgment in a municipal policy and practice claim involving police officer use of force.

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