Wee Care Child Center, Inc et al v. Ohio Department of Jobs and Family Services et al, No. 2:2008cv00193 - Document 22 (S.D. Ohio 2009)

Court Description: OPINION AND ORDER granting 14 and 18 Defendants' Motions to Dismiss as to defendant ODJFS. Defendants' Motions to Dismiss are granted as to individual defendants with the condition Plaintiff may refile in this Court against individual defendants if and when the Ohio Court of Claims finds they acted outside the scope of their employment, with maliciousness, bad faith, wantonness or recklessness. The statutes of limitations on Plaintiffs' federal claims are tolled until the Court of Claims makes its findings. The Clerk is directed to enter judgment in favor of Defendants and to dismiss this case. Signed by Edmund A Sargus on 01/23/09. (dh)