Franks v. Ohio Department of Rehabilitation & Correction
195 Ohio App. 3d 114
| Ohio Ct. App. | 2011Background
- Inmate Jerry Franks at London Correctional Institution alleges Crohn’s disease, severe muscle spasms, and chemotherapy impact his ability to climb stairs.
- On May 5, 2009, Franks was moved to a third-floor cell despite known stair difficulties; he informed staff of this issue.
- Franks sought a first-floor housing restriction; nurse scheduled a doctor visit after May 6–9, but he fell on stairs before appointment.
- Complaint alleges ADA disability-discrimination and negligence; dispute whether the negligence is a medical claim under RC 2305.113 or common-law negligence.
- Court of Claims granted judgment on the pleadings for ODRC; Franks appeals arguing the court erred by prematurely dismissing ADA and negligence claims.
- Ohio appellate court ultimately reverses, holding that Franks pled sufficient ADA and non-medical negligence claims and that discretionary immunity does not bar liability.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Franks alleged a medical claim under RC 2305.113 | Franks alleges care/diagnosis/treatment by medical staff against an enumerated provider. | ODRC is not shown to be an enumerated medical provider; no medical-claim basis | No premature medical-claim finding; remand for determination |
| Whether the trial court properly granted judgment on the pleadings regarding negligence against ODRC | ODRC’s discretionary decisions caused risk; not shielded by immunity | Discretionary immunity precludes liability for policy/administrative decisions | Discretionary-immunity not applicable; liability may lie |
| Whether the ADA claim was sufficiently pled to survive a 12(C) challenge | Allegations show he is a qualified individual and faced discrimination/denial of services | Complaint failed to allege required elements of ADA claim | ADA claim sufficiently pled; reversal and remand |
Key Cases Cited
- Estate of Stevic v. Bio-Medical Application of Ohio, Inc., 121 Ohio St.3d 488 (2009-Ohio-1525) (medical claim must arise from medical diagnosis, care, or treatment and against enumerated providers)
- McCoy v. Engle, 42 Ohio App.3d 204 (1987) (state owes duty of reasonable care to inmates; not insurer of safety)
- Bugh v. Grafton Correctional Inst., 2006-Ohio-6641 (10th Dist.) (discretionary immunity not automatic; state may be liable for negligent actions under activity; not just policy decisions)
- Hughes v. Ohio Dept. of Rehab. & Corr., 2010-Ohio-4736 (10th Dist.) (discretionary immunity generally protects policy decisions; exceptions noted in custody context)