Sharp v. Cleveland Clinic

{¶ 33} I respectfully dissent.

{¶ 34} First, I respectfully suggest that the majority ignores the Ohio Supreme Court’s holding that once the privilege to detain a person expires, liability for false imprisonment arises. Cf. Bennett v. Ohio Dept. of Rehab. & Corr. (1991), 60 Ohio St.3d 107, 573 N.E.2d 633, syllabus. In this case, Nurse Sharp agreed to drug tests following the accusation that she was diverting narcotics. The clinic may be said to have possessed a privilege, therefore, to limit or confine her movements in some fashion until those tests were completed. However, it points to no…