Phipps v. City of Dayton

James Phipps has appealed the dismissal by the Court of Common Pleas of Montgomery County of his complaint for damages against the city of Dayton. His appeal raises two issues of law questioning the immunity of political subdivisions from liability for negligence where the local government operates a workhouse or other detention facility.

Before he was committed to the Dayton Rehabilitation Center, formerly the Dayton Workhouse, Phipps experienced an injury to his ear. His complaint is that while committed, he was denied medical attention which resulted in an aggravation of his injury…