2020 Ohio 5163
Ohio Ct. App.2020Background
- Relator Gerald D. Fields sought return of $7,700 seized from his home during a police search and indicted drug prosecution.
- A jury in the underlying criminal trial found the $7,700 was not subject to forfeiture.
- Fields filed multiple motions in the trial court seeking return of the cash; each was denied and he did not appeal those denials.
- Fields then filed an original-action petition for a writ of mandamus in the Fifth District, naming Judge Kelly Cottrill, the Muskingum County Court of Common Pleas, and the Zanesville Police Department as respondents.
- Respondents moved to dismiss under Civ.R. 12(B)(6); the appellate court dismissed the Common Pleas Court as an improper party.
- The court granted the motion to dismiss, holding mandamus unavailable because Fields had an adequate remedy at law (an action in replevin) and assessed costs to Fields.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus is the proper remedy to compel release of property seized by police after a jury found it not forfeitable | Fields: money belongs to him; jury found it not subject to forfeiture; mandamus should compel release | Respondents: relator has an adequate legal remedy (replevin); mandamus inappropriate | Mandamus denied; adequate remedy at law exists by replevin |
| Whether the Muskingum County Court of Common Pleas is a proper respondent in the original mandamus action | Fields named the court as a respondent to order return of property | Court cannot be sued as a party in an original action absent statutory authority | The Court of Common Pleas was dismissed as an improper party |
Key Cases Cited
- State ex rel. Johnson v. Kral, 103 N.E.3d 814 (Ohio 2018) (affirming dismissal of mandamus where replevin is the adequate remedy)
- State ex rel. Jividen v. Toledo Police Dep't, 679 N.E.2d 34 (Ohio App. 1996) (replevin is the proper action to recover unlawfully seized property)
- State ex rel. Harris v. Toledo, 656 N.E.2d 334 (Ohio 1995) (mandamus dismissed where replevin was available)
- State ex rel. Luke v. Corrigan, 399 N.E.2d 1208 (Ohio 1980) (replevin provides an adequate remedy to recover personal property seized under a warrant)
- State ex rel. Russell v. Thornton, 856 N.E.2d 966 (Ohio 2006) (standard for dismissal under Civ.R. 12(B)(6) in mandamus actions)
- State ex rel. Berger v. McMonagle, 451 N.E.2d 225 (Ohio 1983) (elements required for writ of mandamus)