State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. (Slip Opinion)
128 N.E.3d 193
| Ohio | 2019Background
- Richard Swanson, an inmate at Marion Correctional Institution, filed a mandamus petition in the Tenth District Court of Appeals on February 22, 2018, alleging the Ohio Department of Rehabilitation and Correction miscalculated his maximum-sentence release date.
- Swanson attached a “Prior Actions Affidavit” listing three civil actions from the prior five years but omitted a mandamus petition he filed two weeks earlier (Jan. 30, 2018) in the Eighth District.
- The magistrate found the affidavit incomplete and recommended dismissal for failure to comply with R.C. 2969.25(A) (initially misidentified as subsection (C) in an earlier entry).
- The Tenth District adopted the magistrate’s decision, overruled Swanson’s objection, and dismissed the mandamus petition for noncompliance with R.C. 2969.25(A).
- The Ohio Supreme Court affirmed, holding that mandamus proceedings are civil actions and that strict, mandatory compliance with R.C. 2969.25(A) is required; omission of a prior civil filing warranted dismissal.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Swanson’s mandamus petition should be dismissed for failing to list a prior mandamus action on the R.C. 2969.25(A) affidavit | Swanson did not dispute omission in substance; impliedly sought relief despite the omission | DRC argued the affidavit was incomplete and dismissal was required under R.C. 2969.25(A) | Court held dismissal was proper: mandamus is a civil action and strict, mandatory compliance with R.C. 2969.25(A) is required; omission warranted dismissal |
Key Cases Cited
- State v. Henton, 50 N.E.3d 553 (Ohio 2016) (compliance with R.C. 2969.25(A) is mandatory and requires strict adherence)
- State ex rel. Manns v. Henson, 894 N.E.2d 47 (Ohio 2008) (statute requires strict compliance; failure supports dismissal)
- Robinson v. LaRose, 67 N.E.3d 765 (Ohio 2016) (an affidavit listing only some prior actions may be dismissed for incompleteness)
- State ex rel. Spirko v. Judges of Third Appellate Dist. Court of Appeals, 501 N.E.2d 625 (Ohio 1986) (mandamus is civil in nature)