Ohio Rev. Code » Chapter 109
Ohio Revised Code

Ohio Rev. Code § 109.361 (2026)

Defense of state officer or employee in civil action

✓ current as of May 2026
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Effective:
May 1, 1992
Latest Legislation:
House Bill 210 - 119th General Assembly
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Upon the receipt of a written request by any officer or employee, the attorney general, except as provided in section 109.362 of the Revised Code, except under the circumstances described in division (E) of section 120.06 of the Revised Code, and except for civil actions in which the state is the plaintiff, shall represent and defend the officer or employee in any civil action instituted against the officer or employee. All expenses and court costs, including the reasonable compensation of special counsel, incurred by the attorney general in the defense of an officer or employee shall be paid by the employer that employed the officer or employee at the time the alleged act or omission occurred.

The defense of the officer or employee may be rendered by the attorney general, an assistant attorney general, or any special counsel appointed by the attorney general, who, in addition to providing the defense of the officer or employee, may file counterclaims and cross-claims and engage in third-party practice on behalf of the officer or employee. If the officer or employee recovers any money pursuant to any counterclaim or cross-claim so filed, the officer or employee, to the extent of the recovery on the counterclaim or cross-claim, shall reimburse the attorney general for all expenses and court costs, including the reasonable compensation of assistant attorneys general and special counsel, incurred in bringing the counterclaim or cross-claim. The officer or employee shall cooperate fully with the attorney general's defense. Sections 109.36 to 109.366 of the Revised Code do not deprive any officer or employee of the right to select counsel of his own choice or settle his case at his own expense at any time, and, except under the circumstances described in division (E) of section 120.06 of the Revised Code, do not prohibit the attorney general from entering his appearance in a case to protect the interest of the state even though no request for the appearance has been made by the officer or employee.

Last updated October 2, 2025 at 11:32 AM

Notes of Decisions
Cited in 25 cases (15 in the last 5 years), 1984–2026 · leading case: Walton v. Ohio Dep't of Health, 832 N.E.2d 790 (Ohio Ct. App. 2005).
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Walton v. Ohio Dep't of Health, 832 N.E.2d 790 (Ohio Ct. App. 2005). · cites it 19× “Walton made a written request to the Ohio Attorney General (“AG”) to represent and defend him, pursuant to R.C. 109.361, in the civil action instituted in federal court by Thomas.”
Pamela Gillie v. Law Off. of Eric A. Jones, 785 F.3d 1091 (6th Cir. 2015). · cites it 2× “See Ohio Rev. Code § 109.361 (“Upon the receipt of a written request by an officer or employee, the attorney general .”
Cullen v. Ohio Dep't of Rehab., 709 N.E.2d 583 (Ohio Ct. App. 1998). · cites it 7× “The Ohio Attorney General refused to represent and defend him as a state employee or officer pursuant to R.C. 109.361. Appellant was forced to retain his own counsel and to incur expenses in defending himself in the common pleas court.”
Colley v. Ohio Dep't of Rehab. & Corr., 782 N.E.2d 126 (Ohio Ct. App. 2002). · cites it 15× “Plaintiff appeals therefrom assigning the following error: {¶ 5} “The trial court erred when it held that the standard to be applied in determining whether an employee should be reimbursed under Ohio Rev.Code Ann. § 109.364 for legal fees incurred as a prevailing defendant whom…”
Wrenn v. Ohio Dep't of Mental Health & Mental Retardation, 474 N.E.2d 1201 (Ohio Ct. App. 1984). “In addition, R.C. 109.361 provides for representation by the Attorney General of state employees in civil suits brought against them.”
Lusk v. Imperial Cas. & Indem. Co., 603 N.E.2d 420 (Ohio Ct. App. 1992). “Moreover, the state had the obligation under R.C. 109.361 and 109.362 to represent and defend Lusk in a civil action against him, absent *17 a finding that Lusk acted outside the scope of his official responsibilities.”
Colley v. Ohio Dep't of Rehab. & Corr., 2002 Ohio 1689 (Ohio Ct. Cl. 2002). · cites it 7× “{¶ 11} R.C. 109.361 provides: {¶ 12} “Upon the receipt of a written request by any officer or employee, the attorney general, except as provided in section 109.”
Grove v. Ohio Dep't of Rehab. & Corr. (ODRC) (S.D. Ohio 2020). · cites it 4× “Under O.R.C. § 109.361, the Ohio Attorney General may appear in any civil action in order to protect the interest of the State even though no request for appearance has been made by the officer or employee.”
Straughter v. Eddy (S.D. Ohio 2023). · cites it 4× “The State’s prior motion was filed under Ohio R.C. § 109.361, which grants the Ohio Attorney General the right to appear in order “to protect the interest of the state even though no request for the appearance has been made by the officer or employee.”
White v. Dillow (S.D. Ohio 2020). · cites it 2× “2d 929 1 Under O.R.C. § 109.361, the Ohio Attorney General may appear in any civil action in order to protect the interest of the State even though no request for appearance has been made by the officer or employee.”
Johnson v. Chambers-Smith (S.D. Ohio 2023). · cites it 2× “) On March 6, 2023, the Office of the Ohio Attorney General, responding on behalf of all Defendants pursuant to Ohio Rev. Code § 109.361, filed a Response in Opposition to Plaintiff’s Motion to Compel.”
Straughter v. Eddy (S.D. Ohio 2023). · cites it 2× “1Under Ohio R.C. § 109.361, the Ohio Attorney General may appear to protect the interest of the State even if no request for appearance has been made.”
Show all 25 citing cases →
Ohio Rev. Code § 109.361(A): 1 case
Cullen v. Ohio Dep't of Rehab., 709 N.E.2d 583 (Ohio Ct. App. 1998). “The Ohio Attorney General refused to represent and defend him as a state employee or officer pursuant to R.C. 109.361. Appellant was forced to retain his own counsel and to incur expenses in defending himself in the common pleas court.”
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