Ohio Qualified Immunity: Rules, Exceptions, and Defenses

In Ohio, qualified immunity is a statutory shield under Revised Code Chapter 2744 that presumes counties, cities, townships, school districts, and their employees are not liable for civil damages, and it forces anyone suing to work through a strict three-tier analysis before a case can proceed. It is a different animal from the federal qualified immunity doctrine that applies to constitutional claims under 42 U.S.C. § 1983, and it does not cover lawsuits against the State of Ohio itself, which go to a separate court. Understanding which framework applies to your situation is the first step, because the rules, deadlines, and damages caps are not the same.

How the Three-Tier Test Works

Ohio courts run every claim against a political subdivision through a three-tier analysis first laid out in Cater v. City of Cleveland.¹

Tier one is the default: under R.C. 2744.02(A)(1), a political subdivision is not liable in damages for injury, death, or loss caused by any act or omission of the subdivision or its employees, whether the activity was a governmental function (police, fire, EMS, schools, roads, libraries) or a proprietary one (utilities, public parking, cemeteries).²³ The case is over here unless the plaintiff can name a statutory exception.

Tier two asks whether the facts fit one of five exceptions in R.C. 2744.02(B) that strip immunity away. If they do, tier three gives the subdivision a second chance to win by asserting a defense under R.C. 2744.03. The government prevails if any single tier tips its way, which is why so many cases against Ohio local governments end at summary judgment.

The Five Ways to Break Through Immunity

These exceptions in R.C. 2744.02(B) are the only routes past tier one, and courts read them narrowly.²

Negligent operation of a motor vehicle by an employee acting within the scope of employment. Emergency response gets special treatment, and the entity may still have a defense if the employee was on an emergency run.
Negligence of employees during a proprietary function, such as running a municipal utility or a public parking garage.
Negligent failure to keep public roads in repair or to remove obstructions from them. This does not extend to berms, shoulders, or non-mandatory traffic control devices.
Physical defects within or on the grounds of buildings used for governmental functions, like courthouses and office buildings. Jails and other detention facilities are explicitly carved out.
Liability that another section of the Revised Code expressly imposes on the subdivision. A statute that merely says “shall” or lets the entity “sue and be sued” is not enough.⁴

Vehicle collisions and road-defect cases generate the most litigation because the facts are concrete: a plow truck hits a car, a pothole causes a wreck. The building-defect exception is narrower than it reads, since detention facilities are excluded entirely.

Defenses That Put Immunity Back

Clearing tier two is not the end. Under R.C. 2744.03(A), a political subdivision can still win by asserting one of several defenses.⁵ The most commonly invoked are:

The employee was performing a judicial, quasi-judicial, prosecutorial, legislative, or quasi-legislative function.
The employee’s non-negligent conduct was required or authorized by law, or was necessary to exercise the subdivision’s powers.
The employee was exercising discretion in policy-making, planning, or enforcement.
The claim challenges a decision about whether to acquire or how to use equipment, supplies, personnel, or facilities, unless that decision was made with malice, bad faith, or reckless disregard.

The discretionary function defense does a lot of the work. A police chief’s decision about staffing patrols, a school board’s curriculum priorities, a city engineer’s road-design choice — each involves professional judgment that can shield the subdivision even when the decision produces a bad outcome.

Suing an Individual Ohio Government Employee

Employees have their own separate immunity under R.C. 2744.03(A)(6), which means a subdivision can lose its immunity at tier two while the worker who actually caused the harm stays personally protected. The statute covers any officer, agent, employee, or servant, paid or unpaid, along with elected and appointed officials, as long as the person was authorized to act and was within the scope of their duties.⁵⁴

The shield only falls away in three situations:

Acts manifestly outside the scope of employment. A worker who gets into a personal altercation while on the clock is the classic example.
Acts committed with malicious purpose, in bad faith, or in a wanton and reckless manner. Malicious purpose means a deliberate intent to harm. Bad faith implies dishonest motivation. Wanton and reckless conduct means consciously disregarding a known, serious risk to someone’s safety.
Civil liability expressly imposed by another section of the Revised Code. A criminal penalty or a mandatory duty in the statute is not enough on its own.

Most plaintiff arguments land on the wanton and reckless prong, and it is genuinely hard to prove. Simple negligence never suffices. A police officer who makes a bad call during a pursuit is generally protected; an officer driving 90 miles per hour through a school zone with no emergency justification begins to look reckless. The line is fact-specific, and Ohio courts hold it firmly.

Constitutional Claims Are a Separate Track

Chapter 2744 governs state-law tort claims only. If the allegation is that a government official violated a constitutional right — excessive force, illegal search, due process — the claim typically arises under 42 U.S.C. § 1983, and Ohio’s statutory immunity does not apply.⁶

Federal qualified immunity in § 1983 cases uses a two-part test. A court asks whether the conduct violated a constitutional right, and whether that right was “clearly established” at the time. A right is clearly established only when existing precedent puts the unconstitutionality of the specific conduct “beyond debate.”⁷ The Supreme Court has said the doctrine shields “all but the plainly incompetent or those who knowingly violate the law,” and officials often win because the plaintiff cannot point to a prior case with sufficiently similar facts. Federal qualified immunity protects individual officials only; cities and counties cannot invoke it, though § 1983 claims against local governments have their own separate requirements.

What You Can Recover If You Win

Even a plaintiff who clears all three tiers faces caps. Punitive and exemplary damages against a political subdivision are barred entirely.⁸ Compensatory damages tied to actual losses — medical bills, lost wages, property repair — are fully recoverable with no cap.

Non-economic damages (pain and suffering, emotional distress, loss of enjoyment of life) are capped at $250,000 per person from the same incident. Wrongful death actions have no cap. Any insurance payments or other benefits the plaintiff receives must be disclosed and are offset against the award, and the insurer cannot pursue subrogation against the government entity. None of these caps apply to federal § 1983 claims, which follow federal damages rules.

Deadline and How to File

Claims against political subdivisions must be filed within two years after the cause of action accrues.⁹ Ohio does not require pre-suit notice, unlike many other states. The complaint must include a demand for judgment but cannot specify a dollar amount; the judge or jury sets the number.

Missing the two-year deadline ends the claim. Tolling under R.C. 2305.16 is available in narrow situations like legal disability. Section 1983 claims filed in Ohio borrow the same two-year personal injury limitations period, though federal law governs when the clock starts.

Suing the State of Ohio Itself

Chapter 2744 covers political subdivisions, not the State. Lawsuits against Ohio state government go to the Ohio Court of Claims, which has exclusive original jurisdiction over civil actions against the state.¹⁰ A single judge decides the case unless the chief justice of the Ohio Supreme Court assigns a three-judge panel for a complex matter, and a filing can be initiated with as little as a $200 cost deposit. The Court of Claims operates under a separate waiver of sovereign immunity in R.C. 2743.02 with its own procedural rules, so a claim against a state agency looks materially different from a claim against a city or county under Chapter 2744.

1
Supreme Court of Ohio. Cater v. City of Cleveland
2
Ohio Legislative Service Commission. Ohio Code 2744.02 – Governmental Functions and Proprietary Functions of Political Subdivisions
3
Ohio Legislative Service Commission. Ohio Code 2744.01 – Definitions
4
Ohio Legislative Service Commission. Ohio Revised Code 2744 – Political Subdivision Tort Liability
5
Ohio Legislative Service Commission. Ohio Code 2744.03 – Defenses and Immunities
6
Office of the Law Revision Counsel. United States Code Title 42 Section 1983
7
Congressional Research Service. Policing the Police: Qualified Immunity and Considerations for Congress
8
Ohio Legislative Service Commission. Ohio Code 2744.05 – Damage Limitations
9
Ohio Legislative Service Commission. Ohio Code 2744.04 – Statute of Limitations and Filing Requirements
10
Ohio Legislative Service Commission. Ohio Code 2743.03 – Court of Claims