Thursday, July 26, 2001
Justice troubled by rulings on government immunity
The Associated Press
COLUMBUS Governmental entities such as schools and counties are generally immune from lawsuits, although exceptions exist, the Ohio Supreme Court ruled Wednesday in a trio of opinions addressing cases of child abuse and death.
The rulings are troubling because of the implication that government can avoid its duties and responsibilities solely based on the protection granted by the concept of sovereign immunity, said Justice Andrew Douglas, who wrote the three opinions.
How can a government be immune from liability for an act for which that same government would impose liability upon one of its citizens? Justice Douglas wrote in a case involving a death and a day care center.
In that case, the Cuyahoga County Department of Human Services was sued after an infant was found unconscious at a day care licensed and certified by the county. The court ruled 7-0 the county was not liable.
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