2020 Ohio 1012
Ohio Ct. App.2020Background
- Barb was convicted of felonious assault in 2007 and sentenced to eight years; the sentencing entry imposed post-release control (PRC) but, he alleges, did not state the penalty for violating PRC.
- Barb was released July 4, 2015, placed on PRC, and was returned to prison at least twice for alleged PRC violations.
- On January 17, 2019, the Eighth District held Barb’s 2007 sentencing entry void (based on case-law requirements for imposing PRC).
- Barb sued the Ohio Department of Rehabilitation & Correction (ODRC) in the Court of Claims on February 27, 2019, alleging false imprisonment for the periods he was confined after July 4, 2015.
- ODRC moved to dismiss under Civ.R. 12(B)(6); the Court of Claims granted the motion on May 24, 2019; Barb appealed to the Tenth District.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Barb stated a claim for false imprisonment where his sentence later was held void for failing to state PRC sanction | Barb: sentencing entry was void because it did not state the penalty for violating PRC, so ODRC lacked lawful privilege to confine him | ODRC: confinement followed a facially valid judgment; a later judicial determination of voidness does not create a false-imprisonment claim | Court: Dismissal affirmed — alleged defect required resort to case law (not apparent on the face of the judgment), so the sentencing entry was not facially invalid and Barb failed to state a claim |
Key Cases Cited
- Bennett v. Ohio Dept. of Rehab. & Corr., 60 Ohio St.3d 107 (1991) (elements and standards for state liability for false imprisonment of a prisoner)
- Feliciano v. Kreiger, 50 Ohio St.2d 69 (1977) (definition of false imprisonment)
- Corder v. Ohio Dept. of Rehab. & Corr., 94 Ohio App.3d 315 (10th Dist.) (former prisoner must show expiration of lawful term, intentional confinement after expiration, and knowledge privilege no longer exists)
- State v. Grimes, 151 Ohio St.3d 19 (2017) (procedural requirements for valid imposition of post-release control in sentencing entries)
- Volbers-Klarich v. Middletown Mgt., Inc., 125 Ohio St.3d 494 (2010) (standards for construing complaints on Civ.R. 12(B)(6))
- LeRoy v. Allen, Yurasek & Merklin, 114 Ohio St.3d 323 (2007) (pleading and inference standards on a motion to dismiss)
- Alford v. Collins-McGregor Operating Co., 152 Ohio St.3d 303 (2018) (plaintiff must show some set of facts entitling to relief to survive dismissal)
- Ohio Bur. of Workers' Comp. v. McKinley, 130 Ohio St.3d 156 (2011) (appellate review of Civ.R. 12(B)(6) is de novo)