Legal Opinion
Martynyszyn v. Budd, Unpublished Decision (8-31-2004)
Ohio Court of Appeals
Decided August 31, 2004No. Case No. 03-MA-250UnpublishedCited by 5 opinions
1Opinion of the Court
OPINION
{¶ 1} Defendants-appellants, Michael Budd, et al, appeal a decision of the Mahoning County Common Pleas Court denying their motion for summary judgment premised on qualified immunity from Section 1983, Title 42, U.S. Code claims and political subdivision immunity under R.C. 2744.02(C). Because neither order is final and appealable, we lack subject matter jurisdiction on both claims and must dismiss the appeal.
{¶ 2} On August 10, 2001, plaintiff-appellee, John Martynyszyn, filed a complaint for alleged civil rights violations and other torts seeking damages for actions which occurred…
2Cases cited12 opinions
- Mitchell v. ForsythSupreme Court of the United States · 1985
- Hunter v. BryantSupreme Court of the United States · 1991
- Johnson v. JonesSupreme Court of the United States · 1995
- McKane v. DurstonSupreme Court of the United States · 1894
- State ex rel. Ohio Academy of Trial Lawyers v. ShewardOhio Supreme Court · 1999
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3Cited by5 opinions
- Soucik v. Gulport EnergyOhio Court of Appeals · 2019
- Summerville v. City of Forest ParkOhio Supreme Court · 2010
- Blankenship v. Portsmouth Police Dept., Unpublished Decision (3-27-2006)Ohio Court of Appeals · 2006
- Martynyszn v. BuddOhio Court of Appeals · 2011
- Summerville v. City of Forest ParkOhio Supreme Court · 2010