State ex rel. Cleveland v. Astrab

Plaintiffs brought a tort action against the City of Cleveland and some of its employees (collectively, Relators). Relators filed a motion to dismiss based on political-subdivision immunity. The trial court denied the motion. The court of appeals reversed, holding the trial court erred in not granting the motion. On remand, the trial court dismissed Plaintiffs’ claims without prejudice. Relators filed a complaint for a writ of mandamus. The court of appeals denied the writ, concluding that it had not mandated a dismissal with prejudice and that Relators possessed adequate remedies in the ordinary course of law. The Supreme Court (1) reversed in part because the court of appeals found the City and its employees in their official capacities were immune, and therefore, the court of appeals should have issued a writ ordering the trial court to dismiss those counts with prejudice; and (2) affirmed as to the claims that were originally dismissed on grounds of failing to state a claim with regard to immunity of the employees in their individual capacities. View "State ex rel. Cleveland v. Astrab" on Justia Law