2016 Ohio 4659
Ohio Ct. App.2016Background
- Mehno appeals a Civ.R. 12(B)(6) dismissal by Columbiana County Common Pleas Court regarding R.C. 2935.09 and 2935.10 claims.
- Mehno alleged Feb. 27, 2015 he sent an Affidavit of Accusation to the clerk; the clerk allegedly forwarded it to the prosecutor, not filing or issuing a warrant.
- The clerk, Dattilio, moved to dismiss arguing compliance with statutory duties and discretion to forward to the prosecutor; Mehno sought monetary damages only.
- The trial court granted the dismissal; Mehno timely appealed raising due process/equal protection arguments and the lack of findings of fact/conclusions of law.
- On de novo review, the court held the clerk had no mandatory filing/issuing duty and forwarding to the prosecutor complied with the statutes; the complaint could not state a claim for relief.
- The appellate court affirmed the dismissal, ruling no breach of duty and no entitlement to relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did forwarding the affidavit satisfy 2935.09/10 duties? | Mehno contends the clerk had to file and issue a warrant, not forward. | Dattilio complied by forwarding to the reviewing official; no duty to file or issue warrant. | Yes; forwarding complied and no breach. |
| Were findings required and do due process claims survive dismissal? | Mehno asserts due process/equal protection and demands findings. | No findings required on Civ.R. 12(B)(6) motions; no state-law claim stated. | Findings not required; dismissal proper; no relief available. |
Key Cases Cited
- State ex rel. Drake v. Athens County Bd. of Elections, 39 Ohio St.3d 40 (Ohio 1988) (no factual findings beyond legal conclusion on 12(B)(6) dismissal)
- State ex rel. Morrison v. Smith, 2016-Ohio-623 (5th Dist. 2016) (clerk’s duties under 2935.09; reviewing official defined)
- State ex rel. Dominguez v. State, 2011-Ohio-3091 (Ohio Supreme Court 2011) (parimateria interpretation of 2935.09 with 2935.10)
- State ex rel. Strothers v. Turner, 79 Ohio St.3d 272 (Ohio 1997) (statutory interpretation of reviewing official)
- Perrysburg Twp. v. Rossford, 103 Ohio St.3d 79 (Ohio 2004) (de novo review standard for Civ.R. 12(B)(6))
- Mitchell v. Lawson Milk Co., 40 Ohio St.3d 190 (Ohio 1988) (requirement to assume factual allegations as true on dismissal)
- Fahnbulleh v. Strahan, 73 Ohio St.3d 666 (Ohio 1995) (standard for dismissal when no claim stated)