Mavroudis v. Ohio Dept. of Rehab. & Corr.
2017 Ohio 8649
| Ohio Ct. App. | 2017Background
- Mavroudis pleaded guilty to two fifth-degree felonies in May 2014 and was orally sentenced to two consecutive one-year terms (total two years).
- Shortly after the hearing the court recalled the case, allegedly "suspended" the previously-imposed sentences, placed him on two years community control, and ordered five weekends in county jail; the written May 27, 2014 entry contradicted the oral pronouncement.
- In July 2015 the trial court found a probation violation and ordered Mavroudis to serve two one-year prison terms consecutively; the July entry reflected imprisonment despite discrepancies between transcript and entries.
- The Seventh District later held the trial court erred in imposing the prison term and ordered discharge; Mavroudis then sued ODRC in the Court of Claims for false imprisonment claiming he had been confined on an invalid judgment.
- ODRC moved to dismiss under Civ.R. 12(B)(6) arguing the incarceration was pursuant to a facially valid court order; Court of Claims dismissed because plaintiff did not allege the sentencing order was void on its face.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a false imprisonment claim lies against ODRC when confinement followed a court order that later proved invalid | Mavroudis: he was falsely imprisoned because he was confined pursuant to an invalid sentencing/commitment entry that never properly placed him on community control | ODRC: state is immune where imprisonment follows a facially valid court judgment or order; plaintiff must allege the order was void on its face | Court: Dismissed — plaintiff failed to allege the order was facially invalid; incarceration pursuant to an order that appears facially valid bars recovery |
Key Cases Cited
- State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 65 Ohio St.3d 545 (1992) (standard for motion to dismiss and presumption of truth for complaint allegations)
- Garofalo v. Chicago Title Ins. Co., 104 Ohio App.3d 95 (8th Dist. 1995) (treat attachments to complaint as part of the complaint)
- Perez v. Cleveland, 66 Ohio St.3d 397 (1993) (pleading standards and inferences on motion to dismiss)
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (1988) (same)
- Phung v. Waste Mgt., Inc., 23 Ohio St.3d 100 (1986) (same)
- York v. Ohio State Hwy. Patrol, 60 Ohio St.3d 143 (1991) (motion to dismiss: set of facts consistent with complaint allowing recovery bars dismissal)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (2004) (standard of review for Civ.R. 12(B)(6) appeals)
- Bennett v. Ohio Dep't of Rehab. & Corr., 60 Ohio St.3d 107 (1991) (state liability for false imprisonment exists only where confinement lacks judicial justification; judgments void on face create exception)