McClure v. Ohio Dept. of Rehab. & Corr.
2020 Ohio 1035
Ohio Ct. App.2020Background
- Joel V. McClure, an inmate and volunteer in the London Correctional Institution (LCI) dog-handling program, was removed from the program on or about January 24, 2017.
- Sgt. Brian Preston (DRC) received complaints about McClure’s training, reviewed a videotape, and completed an Inmate Evaluation Report criticizing McClure’s attitude and technique.
- McClure alleges Preston also told staff and other inmates that McClure was a "bad dog handler" and a "troublemaker," harming his reputation.
- McClure sued the Ohio Department of Rehabilitation and Correction in the Court of Claims for defamation (libel and slander).
- DRC moved for summary judgment arguing (1) McClure failed to plead or prove special damages and (2) qualified privilege applied. The Court of Claims granted summary judgment for DRC.
- The Tenth District Court of Appeals affirmed, holding McClure failed to show defamation per se or to plead/produce special damages required for defamation per quod.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Preston's oral statements to staff and inmates constituted slander per se or otherwise supported a slander claim | McClure: Preston publicly called him a bad dog handler/troublemaker, humiliating him and harming his reputation | DRC: Statements were not slander per se and McClure did not plead or prove special (monetary) damages | Court: Statements were not slander per se; McClure failed to plead/produce special damages, so slander claim fails |
| Whether the written Inmate Evaluation Report constituted libel per se or actionable libel per quod | McClure: The report’s criticism defamed him and harmed his prospects as a dog trainer | DRC: Report is not libel per se; at most libel per quod, and McClure has no proof of special damages | Court: Report is not libel per se (at best libel per quod); McClure failed to plead/produce special damages, so libel claim fails |
Key Cases Cited
- A & B-Abell Elevator Co., Inc. v. Columbus/Cent. Ohio Bldg. & Constr. Trades Council, 73 Ohio St.3d 1 (1995) (definition and elements of defamation)
- Jackson v. Columbus, 117 Ohio St.3d 328 (2008) (quotation on what constitutes defamation)
- Becker v. Toulmin, 165 Ohio St. 549 (1956) (distinguishing defamation per se and per quod; rule on special damages)
- Harless v. Willis Day Warehousing Co., 54 Ohio St.2d 64 (1978) (standard for summary judgment)
- Dresher v. Burt, 75 Ohio St.3d 280 (1996) (summary judgment burden-shifting framework)
- Am. Chem. Soc. v. Leadscope, Inc., 133 Ohio St.3d 366 (2012) (court decides as a matter of law whether a statement is defamatory)
- Yeager v. Local Union 20, Teamsters, 6 Ohio St.3d 369 (1983) (guidance on judicial determination of defamatory statements)