United States Sixth Circuit
THEOBALD v. BD. OF COUNTY COMM'RS OF HAMILTON COUNTY, 01-3683
A vehicle abandoned two feet onto the shoulder of an interstate highway for at least thirty hours could be a nuisance under Ohio law, but the decision to tow the vehicle is an act within a patrolling officer's discretion, falling under the grant of immunity in Ohio Code section 2744.03(A)(3).
Appellate Information
- Argued 10/15/2002
- Decided 06/11/2003
- Published 06/11/2003
Judges
- Before MARTIN, Chief Circuit Judge; RYAN, Circuit Judge; COHN, Senior District Judge.
Court
- United States Sixth Circuit
Counsel
- For Appellant:
- Douglas C. Holland (argued and briefed), Lawrenceburg, IN, James P. Sullivan, Sullivan & Sullivan, Cincinnati, OH, for Plaintiffs-Appellants.
- For Appellees:
- John J. Arnold (briefed), Thomas E. Deye (argued and briefed), Hamilton County Prosecuting Office, Cincinnati, OH, Robert J. Surdyk (briefed), Jenks, Surdyk, Oxley, Turner & Dowd, Dayton, OH, for Defendants-Appellees.