(A) Except as provided in division (B) of this section, any of the
following persons shall be immune from liability in a civil action to recover
damages for injury, death, or loss to person or property allegedly caused by
an act or omission in connection with a power, duty, responsibility, or
authorization under this chapter or under rules adopted under authority of
this chapter:
(1) An officer or employee of the bureau of criminal identification and
investigation;
(2) The attorney general, a chief of police, marshal, or other chief law
enforcement officer of a municipal corporation, a sheriff, a constable or
chief of police of a township police department or police district police
force, and a deputy, officer, or employee of the office of the attorney
general, the law enforcement agency served by the marshal or the municipal or
township chief, the office of the sheriff, or the constable;
(3) A prosecutor and an officer or employee of the office of a prosecutor;
(4) A supervising officer and an officer or employee of the adult parole
authority of the department of rehabilitation and correction;
(5) A supervising officer and an officer or employee of the department of
youth services;
(6) A supervisor and a caseworker or employee of a public children services
agency acting pursuant to section 5153.16
of the Revised Code;
(7) A managing officer of a state correctional institution and an officer
or employee of the department of rehabilitation and correction;
(8) A person identified in division (A)(2), (3), (4), (5), (6), or (7) of
section 2950.11
of the Revised Code, an organization or person identified in division (A)(10)
of that section, or the agent of that person or organization;
(9) A person identified in division (A)(2) of section
2950.111
of the Revised Code, regarding the person’s provision of information
pursuant to that division to a sheriff or a designee of a sheriff.
(B) The immunity described in division (A) of this section does not apply
to a person described in divisions (A)(1) to (8) of this section if, in
relation to the act or omission in question, any of the following applies:
(1) The act or omission was manifestly outside the scope of the person’s
employment or official responsibilities.
(2) The act or omission was with malicious purpose, in bad faith, or in a
wanton or reckless manner.
(3) Liability for the act or omission is expressly imposed by a section of
the Revised Code.
HISTORY: H 180
7-1-97; S 3 1-1-2002; S 175 5-7-2002; S 5 7-31-03; SB10 01-01-2008
