2019 Ohio 759
Ohio2019Background
- Jeffery L. Howard, an inmate at North Central Correctional Institution (NCCI), filed a mandamus complaint against Warden Turner, Inspector Lorri Shuler, and Finance Manager R. Boden seeking restoration/prevention of reductions to his inmate-account balance and free grievance/disciplinary forms.
- Howard alleged NCCI improperly reduced his inmate-account funds, leaving him unable to pay for copies of grievance decisions.
- The claims were subject to the prison’s grievance process under institutional rules.
- Howard did not file the affidavit and grievance-decision copy required by R.C. 2969.26(A) when he commenced suit; he admitted noncompliance and argued he lacked funds to obtain the copies.
- The Third District granted defendants’ Civ.R. 12(B)(6) motion and dismissed the complaint in part because of Howard’s failure to comply with R.C. 2969.26(A).
- The Ohio Supreme Court affirmed, holding R.C. 2969.26(A)’s filing requirements are mandatory and noncompliance warrants dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether R.C. 2969.26(A) applies and must be complied with when an inmate sues a government entity for claims subject to the prison grievance system | Howard: statute should not apply because he cannot afford copies of grievance decisions; inability to pay excuses noncompliance | NCCI: statute is mandatory; Howard failed to file the required affidavit and decision copy so dismissal is proper | Court: R.C. 2969.26(A) is mandatory; failure to comply warrants dismissal |
Key Cases Cited
- Miller v. Miller, 973 N.E.2d 228 (Ohio 2012) ("shall" is mandatory in statute interpretation)
- Boylen v. Ohio Dept. of Rehab. & Corr., 912 N.E.2d 624 (Ohio App.) (failure to comply with R.C. 2969.26(A) warrants dismissal)