Nagel v. Horner

Harsha, Judge.

{¶ 1} Using R.C. 2744.02(C), 1 Charles H. Horner, the Portsmouth Police Department, and the city of Portsmouth, Ohio, appeal the trial court’s judgment denying them sovereign immunity on Steven E. Nagel’s retaliation and hostile-work-environment claims. R.C. 2744.09 provides that sovereign immunity does not apply to claims arising out of the employment relationship. Regardless of whether they can be classified as intentional torts, retaliation and hostile-work-environment claims are causally connected to the employment relationship and thus arise out of it. Therefore, the trial…