2014 Ohio 1492
Ohio Ct. App.2014Background
- Four inmates (Billiter, Brewster, McBrayer, Bowen) sued numerous Noble Correctional Institution/Ohio Dept. of Rehabilitation & Correction (NCI/DRC) employees, Noble County Judge Nau, and Clerk Karen Starr in Franklin County seeking damages and equitable relief for alleged widespread misconduct.
- Appellees moved to dismiss under Civ.R. 12(B)(1), arguing state-employee defendants are within the Court of Claims’ exclusive jurisdiction under R.C. 2743.02(F) and are entitled to immunity review there.
- Plaintiffs filed attempted amendments; the trial court found the proposed amendments preserved money-damages claims against state employees and therefore did not cure jurisdictional defects.
- The trial court also dismissed claims against Judge Nau and Clerk Starr because plaintiffs failed to comply with mandatory inmate filing statutes R.C. 2969.25 (affidavit of prior suits) and R.C. 2969.26 (grievance documentation).
- The court taxed costs against plaintiffs; plaintiffs challenged billing by the county clerk but appellate court held taxing costs was proper and declined to enjoin the clerk on appeal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether common pleas court had jurisdiction over claims against NCI/DRC employees | Billiter: Court of Claims lacks jurisdiction because complaint would not seek money from State (proposed amendment) | Defendants: R.C. 2743.02(F) gives Court of Claims exclusive, original jurisdiction to decide R.C. 9.86 immunity for state officers/employees | Held: Dismissal proper; Court of Claims has exclusive jurisdiction and proposed amendments did not remove money-damages claims |
| Whether dismissal instead of transfer was improper | Billiter: Trial court should not have dismissed entire case; implied request to keep case in common pleas | Defendants: Court of Claims has exclusive jurisdiction; trial court lacked authority to transfer to Court of Claims | Held: Dismissal appropriate; Court of Claims Act does not permit transfer—jurisdiction must be invoked or case removed |
| Compliance with inmate filing statutes for county defendants (R.C. 2969.25/2969.26) | Billiter: Attempted to show exhaustion and prior filings; urged amendment for compliance | Defendants: Plaintiffs failed to file the mandatory sworn affidavit and grievance decision required by statutes | Held: Dismissal proper as compliance is mandatory and plaintiffs’ submissions were unsworn or incomplete |
| Taxing and billing of court costs by clerk | Billiter: Clerk improperly double-billed inmates and will cause full credits against their accounts | Defendants: Court must tax costs against unsuccessful party; billing is administrative action of clerk | Held: Court correctly taxed costs; appellate court cannot enjoin county clerk in this appeal |
Key Cases Cited
- Rosenshine v. Med. College Hosps., 165 Ohio App.3d 9 (10th Dist. 2005) (Court of Claims has exclusive jurisdiction to decide R.C. 9.86 immunity issues)
- Johns v. Univ. of Cincinnati Med. Assoc., Inc., 101 Ohio St.3d 234 (Ohio 2004) (courts of common pleas cannot decide R.C. 9.86 immunity determinations)
- Theobald v. Univ. of Cincinnati, 101 Ohio St.3d 370 (Ohio 2004) (same principle on immunity jurisdiction)
- State ex rel. Graham v. Findlay Mun. Court, 106 Ohio St.3d 63 (Ohio 2005) (compliance with R.C. 2969.25 is mandatory for inmate filings)
- State ex rel. Norris v. Giavasis, 100 Ohio St.3d 371 (Ohio 2003) (failure to comply with inmate filing statutes warrants dismissal)
- State ex rel. White v. Bechtel, 99 Ohio St.3d 11 (Ohio 2003) (R.C. 2969.25 compliance required)