LibGuides: Ohio School Law: Tort & Civil Rights Liability

Introduction

Historically, boards of education were immune from tort liability under the doctrine of sovereign immunity. In 1983, the Ohio Supreme Court abrogated this doctrine. In response, the Ohio legislature partially reestablished sovereign immunity for political subdivisions (including school districts) by enacting RC Chapter 2744.

Books at the Law Library

Civil Actions Against State and Local Governments
Call Number: KF 1322 .C58

Section 1983 Litigation, 3rd Edition
Full text 2014 treatise on Civil Rights by Martin A. Schwartz.

US Code

20 U.S. Code § 7946
Paul D. Coverdell Teacher Protection Act limits liability for teachers.
42 U.S. Code § 1983
Civil action for deprivation of rights

Ohio Revised Code

Oh. Rev. Code Sec. 2305.10
Two year statute of limitations for injury to body or property, or civil rights under 42 USC 1983.
Oh. Rev. Code Sec. 2307.44
Hazing civil liability
Oh. Rev. Code Chapter 2744
Determining whether a school district is immune from tort liability involves a three-tiered analysis. A general grant of immunity is provided in the first tier which states that a political subdivision is not liable for damages for injury, death, or property loss allegedly caused by the political subdivision or its employee in connection with a governmental or proprietary function. The second tier in the immunity analysis focuses on five exceptions to the general grant of immunity, thereby exposing the political subdivision to liability. If any of those exceptions apply to overcome the general grant of immunity, a third tier of the analysis comes into play, assessing whether any defenses to liability reinstate the immunity.
Oh. Rev. Code Sec. 2903.31
The crime of hazing.