Tschantz v. Ferguson

Defendant-appellant, the state of Ohio, appeals from a judgment of the Court of Claims dismissing this action and raises a single assignment of error as follows:

“The court below erred in holding Mr. Ferguson not entitled to immunity under Revised Code § 9.86 where the court so held without conducting a hearing, without requiring plaintiff to meet any burden of proof, and without finding whether the allegations of the complaint were true; Revised Code § 2743.02 requires the Court of Claims to ‘determine’ whether a state officer or employee is entitled to civil immunity”

Plaintiff originally…