INDEMNIFICATION - OHIO

Ayers v. City of Cleveland

Supreme Court of Ohio - March 25, 2020 - N.E.3d - 2020 WL 1445287 - 2020 -Ohio- 1047

After prevailing in action against city detectives on civil claims alleging police misconduct in the course of criminal investigation, judgment creditor brought statutory indemnification claim against city.

The Court of Common Pleas entered summary judgment in favor of judgment creditor. City appealed and judgment creditor cross-appealed. The Court of Appeals reversed and remanded. Creditor sought further review.

The Supreme Court held that creditor could not enforce detective’s indemnity rights against city under political-subdivision employee indemnification statute.

Political-subdivision employee indemnification statute did not permit judgment creditor to enforce police detective’s indemnification rights directly against city; statute provided that a political subdivision was required to “indemnify and hold harmless an employee,” so that the right of indemnification was personal to the employee, statute did not require political subdivisions to indemnify any judgment against an employee, and statute did not provide that a third party could enforce the right of indemnification on behalf of an employee.



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