COLUMBUS, Ohio (WCMH) -- A judge tossed a class action lawsuit against the City of Columbus over a 2024 cyberattack, ruling that the city is not liable because it is a political subdivision protected under Ohio law.
NBC4 Investigates revealed that the private, sensitive information of half a million people was leaked on the dark web as a result of the attack, despite the mayor’s claim that the data lacked value.
The city argued that it was not at fault for the attack and asked for the suit to be dismissed. The plaintiffs argued the city owes a duty of care to protect personally identifiable information because it is collected and stored. Watch previous coverage in the player above.
One year later, victims still feel effects of Columbus cyberattackJudge Carl A. Aveni ruled that the plaintiffs showed evidence of injury and that the injuries are traceable to the city's actions. However, he agreed with the city's argument that its IT infrastructure falls under "governmental functions" and therefore the city is immune from liability under Ohio's Political Subdivision Tort Liability Act.
"The Court does not reach its conclusion in this matter lightly," Aveni wrote. "Plaintiffs have allegedly suffered meaningful harm, through no fault of their own. Were the Defendant a private actor, instead of a political subdivision, Plaintiffs' tort claims would almost certainly survive a motion to dismiss, allowing them to test their suit, shoulder their burden of proof, and seek whatever redress their evidence and the law might allow. All of that is thwarted here."
The lawsuit was dismissed with prejudice, meaning it cannot be filed again.
"We are pleased that Judge Aveni agrees with the city's position that in today's world, maintaining IT services is as fundamental a city service as shoveling snow or filling potholes," the city said in a statement. "We remain firm in our belief that the City of Columbus and its leaders have acted to protect Columbus residents and the city's technology systems, and that any harm resulting from this incident lies with the Rhysida threat actors who sought to profit from attacking our city and our residents."
NBC4 has reached out to attorneys for the plaintiffs and have not yet received a response.
This is a developing story and will be updated.
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