2020 Ohio 4788
Ohio2020Background
- Mark R. Russell, an inmate, filed a mandamus petition seeking to compel the Ohio Department of Rehabilitation and Correction (DRC) to hold a hearing after an alleged use-of-force incident involving chemical spray that caused burns and temporary blindness.
- Russell filed the petition in the Tenth District Court of Appeals; DRC moved to dismiss challenging venue/jurisdiction and the adequacy of Russell’s affidavit of indigency under R.C. 2969.25(C).
- The Tenth District rejected the jurisdictional challenge but transferred the case to the Fourth District as a more appropriate venue.
- The Fourth District ordered a response; DRC then moved to dismiss, arguing (among other things) that Russell failed to comply with R.C. 2969.25(A)’s requirement to describe prior civil actions filed in the preceding five years.
- Russell did not claim he satisfied R.C. 2969.25(A) and instead argued DRC had waived that defense by not raising it earlier; the Fourth District found noncompliance and dismissed the petition.
- The Ohio Supreme Court affirmed the Fourth District, holding the noncompliance required dismissal and that DRC had not waived the defense.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DRC waived the R.C. 2969.25(A) defense by not raising it in the Tenth District | Russell: DRC waived the defense by failing to raise it earlier | DRC: No waiver; when transferred, the Fourth District treated the matter as an original action and DRC could raise defenses in its response | Court: No waiver; Fourth District properly considered the defense |
| Whether failure to comply with R.C. 2969.25(A) requires dismissal of the petition | Russell: (did not dispute noncompliance and offered no showing of compliance) | DRC: Statute requires detailed descriptions of prior actions; failure to strictly comply mandates dismissal | Court: R.C. 2969.25(A) is mandatory; failure to strictly comply requires dismissal |
Key Cases Cited
- State ex rel. Hall v. Mohr, 140 Ohio St.3d 297, 17 N.E.3d 581 (2014) (R.C. 2969.25’s affidavit requirements are mandatory and noncompliance requires dismissal)
- State ex rel. Russell v. Ohio Dept. of Rehab. & Corr., 149 N.E.3d 1064 (2019) (Tenth Dist. decision addressing venue and transferring the original filing to the Fourth District)