Immunity of State Officials
1
Civil Actions Under State Law

The immunity provided to trustees
applies only to civil actions
brought under state law, and not to
actions brought under federal law
or under the law of another state
2
Ohio Court of Claims

Prior to 1976 – Sovereign Immunity applied
to suits against the State of Ohio.

1975 – Court of Claims created and money
damage suits against State of Ohio
allowed in the Ohio Court of Claims.

1980 – As a result of confusion over
application of official immunity (officers v.
employees) legislature expanded immunity
for both, and indemnity in federal court.
3
Ohio Court of Claims

Court sits in Franklin County (Columbus).

Court consists of incumbent/retired judges
appointed by the Chief Justice.

Generally, one judge hears actions against
the state.

No right to a trial by jury.
4
Awards in the Court of Claims

Awards against the University are reduced by:

The aggregate of any insurance proceeds,

Any disability award, and

Any other collateral recovery.
5
Awards in the Court of Claims

Awards which would have been made
against a state (NEOMED) employee or officer,
but for the Immunity entitlement, become the
responsibility of the state (NEOMED), UNLESS:

Actions were
(1) manifestly outside the scope of Employment or
official responsibilities; or
 (2) were with malicious purpose,
 (3) in bad faith, or
 (4) wanton or reckless.

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Legal Representation

Attorney General provides legal defense if
employee/officer requests it, and provided:

The Attorney General concludes that the officer’s
or employee’s action is,
(1) not manifestly outside the scope of employment or
official responsibilities, or
 (2) conducted in bad faith
 (3) with malicious purpose, or
 (4) in a wanton or reckless manner.

7
Actions Brought Under Federal Law
or the Law of Another State

Pursuant to the 11th Amendment of the U.S.
Constitution, NEOMED, its’ Trustees and
employees, acting in their official capacity,
generally cannot be sued in federal court by
private plaintiffs unless the state has
consented to the suit, thereby waiving its
immunity.
8
Federal Actions Under
42 USC Section 1983



Provides generally for a cause of action for
the deprivation of any rights, privileges, or
immunities secured by the Constitution and
laws of the United States.
It is the legal vehicle for enforcing federal
constitutional and statutory rights.
Suits under Section 1983 must identify a:


Right in the U.S. Constitution, or
Right in a Federal Statute
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Federal Actions Under 42 U.S.C.
Section 1983

All state officials (including trustees) are generally
deemed to be acting under color of state
law, but the 11th Amendment bars suits in
federal court if the trustee is sued in his or her
official capacity for money damages.

Suits against trustees are not barred when
trustees are sued in their “personal
capacity” for causing a deprivation of
federal rights while acting under color of
state law.
10
Federal Actions Under 42 U.S.C.
Section1983

Even assuming a federal right is implicated
in a suit brought against a trustee in their
personal capacity, the trustee is still entitled
to a qualified good faith immunity from
liability under Section 1983, unless the
conduct violated a clearly established
Constitutional right of which a reasonable
person in the trustee’s position would be
aware.
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Federal Actions Under
42 U.S. C. Section 1983

Under the 11th Amendment, Ohio’s public
universities, their officials, and employees acting
in their official capacity cannot
generally be sued in federal court by private
plaintiffs, unless:

The state has consented to the suit waiving its
immunity; or

The U.S. Congress, through a federal statute,
has unmistakably abrogated the state’s 11th
Amendment immunity.
12
Federal Actions Upheld—42 U.S.C.
Section1983

Examples of areas in which Congress
abrogated state immunity include:



Title VII (prohibiting employment discriminating
on basis of race, color, religion, sex, or national
origin);
Title IX (sex discrimination in education programs
or activities); and
The federal copyright law.
13
Examples Where Congress Exceeded
Authority Under 11th

2000 ---U.S. Supreme Court held that
Congress exceeded authority to subject
states to private suits for money damages
under the 11th amendment in passing the
ADEA [Kimel]

2001 ---U.S. Supreme Court held that
Congress exceeded authority to subject
states to private suits for money damages
under the 11th amendment in passing the
ADA [U. of Alabama v. Garrett]
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