Pankey v. Ohio Dept. of Rehab. & Corr.
2014 Ohio 2907
Ohio Ct. App.2014Background
- Pankey was convicted of rape in 1973 and later required to register as a sex offender in 2000 under R.C. Chapter 2950.
- In 2006 he returned to prison for Cocaine possession; released March 31, 2010.
- In 2010, Pankey filed a prior complaint in the Court of Claims alleging wrongful compelled registration as a sex offender; the Court of Claims lacked jurisdiction per a 2011 appellate decision in Pankey v. Ohio Adult Parole Auth.
- On May 2, 2013, Pankey filed a new Court of Claims complaint seeking monetary damages for being wrongly compelled to file as a registered sex offender, citing a Mahoning County case purportedly restoring him to prior status.
- Ohio Department of Rehabilitation and Correction moved to dismiss for lack of jurisdiction and failure to state a claim; the trial court granted the dismissal on July 25, 2013.
- Pankey appealed asserting that State v. Champion required a different interpretation and that the Court of Claims should entertain his due-process-like claims.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the Court of Claims had jurisdiction over the claimed wrongful registration. | Pankey argues Champion requires relief and jurisdiction exists. | Defendant contends the Court of Claims lacks jurisdiction over such claims. | No jurisdiction; claims not cognizable in Court of Claims. |
| Whether the complaint states a monetary-damages claim or any actionable due-process claim. | Pankey asserts constitutional-like rights were violated by registration. | Court of Claims lacks authority to adjudicate due-process claims and registration challenges. | Claims sounding in due process are not actionable in the Court of Claims; affirm dismissal. |
Key Cases Cited
- State v. Champion, 106 Ohio St.3d 120 (Ohio 2005) (registration framework for sex-offender offenders; clarifies applicability of 1997 cutoff)
- Rheinhold v. Reichek, 8th Dist. No. 99973, 2014-Ohio-31 (8th Dist. 2014) (standard for Civ.R. 12(B)(1) dismissal is de novo review)
- Peters v. Ohio Dept. of Natural Resources, 10th Dist. No. 03AP-350, 2003-Ohio-5895 (10th Dist. 2003) (Court of Claims lacks jurisdiction over constitutional claims)
- Hamilton v. Ohio Dept. of Rehab. & Corr., 10th Dist. No. 06AP-916, 2007-Ohio-1173 (10th Dist. 2007) (due-process/equal-protection claims are not actionable in Court of Claims)