2016 Ohio 1287
Ohio Ct. App.2016Background
- Plaintiff Rusty Mootispaw, an inmate at Chillicothe Correctional Institution (CCI), was transported to Brown County Jail to testify and stayed there from April 22 to May 1, 2014.
- Mootispaw has a history of serious cardiac issues and is prescribed multiple medications; he alleges he received only aspirin while at the county jail.
- He repeatedly requested his medications from jail staff; he claims staff either denied them or said the medications were not present.
- On April 27 and April 28 he reported stroke-like symptoms, was transported to a hospital twice, examined, treated for headaches, and released both times; hospital records did not diagnose a stroke.
- Mootispaw sued the sheriff and deputies under the Eighth Amendment/state cruel-and-unusual-punishment theory for withholding medication and causing injury; the trial court granted summary judgment for defendants for lack of medical proof and lack of deliberate indifference.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Judge recusal | Mootispaw argued the trial judge should recuse for bias | Judge disqualification is handled exclusively by Ohio Supreme Court/Chief Justice | Denied; appellate court cannot review Supreme Court's disqualification decision; assignment overruled |
| Appointment of counsel/expert | Mootispaw requested appointed counsel and expert funding | No right to appointed counsel or appointed experts in civil cases absent special circumstances | Denied; no basis to appoint counsel or experts |
| Notice of summary-judgment rules | Mootispaw claimed he was entitled to special notice/instruction as a pro se litigant | Pro se litigants are bound by same rules as represented litigants; no special treatment required | Denied; pro se status does not excuse compliance |
| Eighth Amendment deliberate indifference / summary judgment | Mootispaw contended withholding medication caused serious harm (stroke) and defendants were deliberately indifferent | Defendants showed medical attention was provided; no evidence defendants acted with subjective deliberate indifference or that defendants caused the alleged injury | Summary judgment for defendants affirmed; plaintiff offered no medical proof causation and no evidence of deliberate indifference |
Key Cases Cited
- Beer v. Griffith, 54 Ohio St.2d 440 (Ohio 1978) (Ohio Supreme Court has exclusive authority over judge disqualification)
- State ex rel. Jenkins v. Stern, 33 Ohio St.3d 108 (Ohio 1987) (no general right to appointed counsel in civil cases)
- Zivich v. Mentor Soccer Club, Inc., 82 Ohio St.3d 367 (Ohio 1998) (summary judgment standard described)
- Farmer v. Brennan, 511 U.S. 825 (U.S. 1994) (deliberate indifference defined as subjective recklessness)
- Gubanc v. Warren, 130 Ohio App.3d 714 (Ohio Ct. App.) (mere negligence in inmate medical care insufficient for Eighth Amendment claim)