2014 Ohio 2774
Ohio Ct. App.2014Background
- Plaintiff-appellant Demale Rogers (pro se) sued Gerald E. Fuerst (former Cuyahoga County Clerk) and two deputy clerks for false imprisonment, alleging the court lacked jurisdiction over his criminal case.
- Rogers claimed the grand jury indictment and the judgment entry lacked time stamps (and thus were not properly filed) in violation of R.C. 2303.08 and 2303.10.
- Defendants moved to dismiss under Civ.R. 12(B)(6); the trial court granted the motion.
- Rogers attached the indictment and judgment entry to his complaint; both documents bore clerk file stamps indicating dates of filing.
- The court treated the attached documents as proper to consider on a 12(B)(6) motion and found them fatal to Rogers’s jurisdictional argument.
- The court also declined to address Rogers’s claim about substitution of the current clerk (Andrea Rocco) for Fuerst because Rogers failed to cite authority as required by the appellate rules.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether lack of a time stamp on indictment/judgment deprives court of jurisdiction | Rogers: absence of a time stamp means documents were not filed; therefore court lacked jurisdiction and imprisonment was wrongful | Defendants: statutes require clerk to endorse date of filing; attached documents show filing; lack of a time stamp does not negate filing or jurisdiction | Court: Dismissal affirmed — statutes require a date endorsement, not a time; file stamps on the documents show filing, so no jurisdictional defect |
| Whether court erred by considering documents attached to the complaint on 12(B)(6) | Rogers: argued dismissal relied on materials outside the pleadings | Defendants: attached documents are part of the complaint and may be considered on a motion to dismiss | Court: Proper to consider the attached indictment and judgment on a Civ.R. 12(B)(6) motion; they negate Rogers’s claim |
| Whether clerk substitution (Andrea Rocco for Fuerst) relieved Fuerst of liability | Rogers: substitution of current clerk defeats action against Fuerst | Defendants: argued and court applied proper parties/defenses | Court: Declined to address due to Rogers’s failure to cite authority; no reversible error found |
Key Cases Cited
- Perrysburg Twp. v. Rossford, 814 N.E.2d 44 (Ohio 2004) (de novo standard for Civ.R. 12(B)(6) on appeal)
- Zanesville v. Rouse, 929 N.E.2d 1044 (Ohio 2010) (filing occurs when document is properly deposited with the clerk; lack of stamp is not necessarily a jurisdictional defect)
- State ex rel. Hanson v. Guernsey Cty. Bd. of Commrs., 605 N.E.2d 378 (Ohio 1992) (Civ.R. 12(B)(6) tests complaint sufficiency)
- O’Brien v. Univ. Community Tenants Union, Inc., 327 N.E.2d 753 (Ohio 1975) (plaintiff must show any set of facts entitling relief to survive dismissal)
- Phung v. Waste Mgt., Inc., 491 N.E.2d 1114 (Ohio 1986) (reasonable inferences drawn in favor of nonmoving party on motion to dismiss)
- In re Hopple, 468 N.E.2d 129 (Ohio Ct. App.) (endorsement of filing date on judgment entry is evidence it was filed)
- Ferrebee v. Boggs, 247 N.E.2d 753 (Ohio 1969) (court recognition that filing endorsements are evidence of filing)