Takacs v. Baldwin

Although I would prefer to concur with the majority in this case, I do not believe that the law of Ohio affords a good faith defense to an officer who is the subject of an amercement proceeding.

Despite the principle of strict construction of the amercement statute, courts have, in the past, declined to create a “good faith” defense to an amercement action. See, e.g., Wadworth v. Parsons (1834), 6 Ohio 449; Rodgers v. Rodgers (1991), 74 Ohio App.3d 580, 599 N.E.2d 751.

The only court to permit the defense of “good faith” in an amercement action is the Tuscarawas County Court of Common Pleas.…