Harris v. Smith
2012 Ohio 3547
Ohio Ct. App.2012Background
- Harris, an inmate, filed a complaint on February 3, 2010 against six Mansfield Correctional Institution employees, including Warden Keith Smith, alleging conspiracy to retaliate for grievances and due process violations.
- Defendant Keith Smith counterclaimed on October 28, 2010 to declare Harris a vexatious litigator under R.C. 2323.52 and moved for summary judgment on December 8, 2010.
- The trial court granted Smith's counterclaim on October 27, 2011, declaring Harris a vexatious litigator and dismissed the counterclaim.
- Harris appealed, and the court held Harris had filed numerous lawsuits with vexatious conduct; the panel affirmed the vexatious litigator finding and remanded for further proceedings on Harris's complaint.
- On appeal, the court affirmed the trial court's disposition on the vexatious-litigant issue, remanding for disposition of Harris's preexisting complaint.
- The judgment of the Richland County Court of Common Pleas was affirmed and the matter remanded for further proceedings on Harris's complaint.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Harris was properly found to be a vexatious litigator. | Harris disputes the vexatious-litigator finding. | Smith argues Harris habitually filed frivolous suits without reasonable grounds. | Yes; Harris was properly found vexatious. |
| Whether the summary judgment on the vexatious-litigator counterclaim was proper. | N/A | Smith was entitled to judgment as a matter of law on the counterclaim. | Yes; summary judgment affirmed. |
| Whether the case should be remanded for disposition of Harris's preexisting complaint. | N/A | N/A | Remanded for further proceedings on Harris's complaint. |
Key Cases Cited
- State ex rel. Zimmerman v. Tompkins, 75 Ohio St.3d 447 (Ohio 1996) (summary-judgment standards for Civ.R. 56)
- Smiddy v. The Wedding Party, Inc., 30 Ohio St.3d 35 (Ohio 1987) (standard for reviewing summary judgments)
- Mayer v. Bristow, 91 Ohio St.3d 3 (Ohio 2000) (vexatious-litigator standard and policy rationale)
- Central Ohio Transit Authority v. Timson, 132 Ohio App.3d 41 (Ohio App. 1998) (court-docket and frivolous-litigation concerns)
- Parsons v. Fleming, 68 Ohio St.3d 509 (Ohio 1994) (Civil Rule 56 standard reference)
- Temple v. Wean United, Inc., 50 Ohio St.2d 317 (Ohio 1977) (standard referenced for summary-judgment criteria)