Shutway v. Ohio Dept. of Rehab. & Corr., 2021 Ohio 3900

Plaintiff John Anthony Shutway, while incarcerated at Tri-County Regional Jail, alleged denial of writing materials, law-library access, photographing injuries, and vitamins; sought declaratory relief and later damages.
Filed initial complaint in Court of Claims on March 20, 2020; defendants originally included State entities, a jail director, municipal court, and John/Jane Does.
After amendment(s), the Court of Claims dismissed earlier state motions as moot, then the state renewed a motion to dismiss the second amended complaint; Shutway moved for leave to file a third amended complaint.
On December 31, 2020 the Court of Claims granted the state’s motion and dismissed Shutway’s complaint without prejudice for lack of subject‑matter jurisdiction, concluding the allegations alleged actions by political subdivisions and asserted constitutional and punitive‑damages claims outside its jurisdiction.
The court characterized the dismissal as under Civ.R. 41(B)(4) (lack of subject‑matter jurisdiction) and therefore “without prejudice”; Shutway appealed, arguing procedural error and denial of due process.
The appellate court held the dismissal was not a final, appealable order because a dismissal otherwise than on the merits (without prejudice for lack of jurisdiction) permits refiling; the appeal was dismissed for lack of jurisdiction.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Court of Claims dismissal was a final, appealable order	Shutway argued dismissal was erroneous and premature (plain error) and deprived him of due process by entering dismissal before his reply/transfer motion	State argued dismissal was without prejudice for lack of subject‑matter jurisdiction under Civ.R. 41(B)(4), thus not a final, appealable order	Court held dismissal was without prejudice for lack of jurisdiction and therefore not a final, appealable order; appeal dismissed
Whether the trial court abused discretion or process by dismissing before plaintiff’s reply and failing to transfer venue	Shutway asserted denial of procedural due process and abuse of discretion/process	State maintained procedural posture irrelevant because dismissal was jurisdictional and without prejudice; plaintiff could refile in appropriate forum	Court rejected plaintiff’s procedural complaints as moot given the jurisdictional, non‑final dismissal

Natl. City Commercial Capital Corp. v. AAAA at Your Serv., Inc., 114 Ohio St.3d 82 (Ohio 2007) (dismissal otherwise than on the merits ordinarily is not a final, appealable order)