2016 Ohio 5107
Ohio2016Background
- McQueen opened a Chase checking account with a $25 deposit and alleged he was promised a $125 bonus after the initial deposit.
- He later sought overdraft protection; subsequent attempts to overdraw were refused and he complained to bank staff in person.
- McQueen alleges employee Krystina Weibling-Holliday told him he would not get the bonus because he is a Black Christian and that Chase improperly closed his account; Weibling-Holliday denies the discriminatory remark.
- McQueen filed a §1983 action in federal court alleging due-process and equal-protection violations; that suit was dismissed and is on appeal to the Sixth Circuit.
- He also filed an original-action mandamus petition in the Ohio Court of Appeals seeking $100/day until Chase restored his account and paid the bonus; the court of appeals dismissed the mandamus action.
- The Ohio Supreme Court affirmed the dismissal, reasoning McQueen lacked a clear legal right and adequate alternative remedies existed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether relator has a clear right to mandamus to compel payment of the bonus or reopening of the account | McQueen: employee discriminated and thus has a right to relief now via mandamus | Weibling-Holliday: mandamus is not appropriate; alleged private dispute/contract claim and discrimination claims are or will be litigated in federal court | Denied — no clear legal right to mandamus relief against a private employee |
| Whether discrimination claims are barred or duplicative | McQueen: discrimination occurred and justifies extraordinary relief | Defendant: discrimination claims are being litigated in federal court; res judicata/duplicative litigation applies | Treated as res judicata for purposes of mandamus — claims litigated in federal court preclude relitigation here |
| Whether an adequate remedy at law exists (i.e., contract/breach claim) | McQueen: mandamus is required because bank/employee refused bonus and closed account | Defendant: any claim to bonus or account reopening sounds in contract; ordinary breach-of-contract suit is adequate | Denied — breach-of-contract suit is adequate remedy, so mandamus inappropriate |
Key Cases Cited
- State ex rel. Waters v. Spaeth, 131 Ohio St.3d 55 (2012) (mandamus standards: clear right, clear duty, no adequate remedy)
- State ex rel. Russell v. Duncan, 64 Ohio St.3d 538 (1992) (mandamus will not lie where an adequate remedy at law, such as breach-of-contract action, exists)
- State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141 (1967) (mandamus will not enforce a private right against a private person)
