State ex rel. Johnson v. Kral (Slip Opinion), 103 N.E.3d 814

Tyrone R. Johnson filed a pro se complaint for a writ of mandamus against George Kral, Toledo Chief of Police, seeking return of $324 allegedly ordered returned to him by a 2000 Lucas County common pleas judge.
Johnson alleged the Toledo Police Department did not comply with the trial-court order and instead deposited the money into the Lucas County treasury.
He asked the court to compel Kral and the police department to return the $324 and to award compensatory and punitive damages.
The Sixth District Court of Appeals dismissed the mandamus complaint sua sponte on June 27, 2017.
The Ohio Supreme Court reviewed the appeal and affirmed the court of appeals’ dismissal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mandamus is the proper remedy to obtain return of $324 allegedly wrongfully retained after a trial-court order	Johnson argued the police department failed to comply with a court order and mandamus should compel return of the money	Implicitly, the police department’s retention does not justify mandamus because other ordinary remedies exist	Mandamus denied: Johnson has adequate remedies at law (contempt or replevin), so writ will not issue

State ex rel. Blandin v. Beck, 114 Ohio St.3d 455, 872 N.E.2d 1232 (2007) (mandamus unavailable when adequate legal remedy exists)
State ex rel. Weaver v. Adult Parole Auth., 116 Ohio St.3d 340, 879 N.E.2d 191 (2007) (contempt is an adequate remedy to enforce compliance with a court order)
State ex rel. Harris v. Toledo, 74 Ohio St.3d 36, 656 N.E.2d 334 (1995) (replevin is an adequate remedy to recover possession of property)
State ex rel. Jividen v. Toledo Police Dept., 112 Ohio App.3d 458, 679 N.E.2d 34 (6th Dist. 1996) (replevin is the proper action to reclaim possession after unlawful seizure or detention)