Emergency Law Inventory | Full Law Text

Law Number

ORC Ann. 9.86

Summary Title

Liability: State Employee Acting in Official Capacities


An individual who is considered a state employee will not be held legally responsible for injuries or damage to property caused in the performance of the individual’s official duties. They can be held legally responsible if the injuries or damage are caused by the operation of a motor vehicle. The individual can be held legally responsible if acting with extreme carelessness, intent to cause harm, or if acting outside of the scope of their official capacity.

Full Title

Civil immunity of officers and employees; exceptions

Full Text

Except for civil actions that arise out of the operation of a motor vehicle and civil actions in which the state is the plaintiff, no officer or employee shall be liable in any civil action that arises under the law of this state for damage or injury caused in the performance of his duties, unless the officer’s or employee’s actions were manifestly outside the scope of his employment or official responsibilities, or unless the officer or employee acted with malicious purpose, in bad faith, or in a wanton or reckless manner. This section does not eliminate, limit, or reduce any immunity from civil liability that is conferred upon an officer or employee by any other provision of the Revised Code or by case law. This section does not affect the liability of the state in an action filed against the state in the court of claims pursuant to Chapter 2743. of the Revised Code.