Summerville v. City of Forest Park

{¶ 43} Today the majority holds that the denial of qualified immunity in a Section 1983, Title 28, U.S.Code action in state court that disposes of less than all claims against all parties is immediately appealable. Because the statute governing the appealability of an order denying a political subdivision or its employee the benefit of immunity from liability does not apply to civil claims based upon alleged violations of federal statutes, I respectfully dissent.

{¶ 44} R.C. 2744.02(C) provides:

{¶ 45} “An order that denies a political subdivision or an employee of a political subdivision the…