589 N.E.2d 77 | Ohio Ct. App. | 1990
This is an appeal from a judgment of the Hocking County Court of Common Pleas dismissing a civil rights action filed by plaintiff-appellant William P. Besser. We reverse.
Besser, an inmate at the Hocking Correctional Facility ("HCF"), filed a federal civil rights action pursuant to Section 1983, Title 42, U.S. Code against the Superintendent and certain staff members of HCF, defendants-appellees. Besser alleged that as a result of a "conduct report," he was temporarily confined to the "Hole" where he was subjected to temperatures of seven *512 degrees below zero in violation of the constitutional prohibition against cruel and unusual punishment found in the Eighth Amendment. In his complaint, Besser sought injunctive relief and monetary damages against appellees in their individual and official capacities.
Appellees filed a motion to dismiss alleging that Besser's complaint was barred in the court of common pleas under R.C.
In his second, fifth, and sixth assignments of error, Besser basically asserts that the trial court erred in dismissing his complaint for lack of subject matter jurisdiction. We agree.
State common pleas courts have concurrent subject matter jurisdiction over actions brought under Section 1983, Title 42, U.S.Code. Cooperman v. Univ. Surgical Assoc. (1987),
The procedure set forth in R.C.
Since appellant's first, third, and forth assignments of error are not separately briefed, we need not address them. See App.R. 12(A).
Accordingly, for the foregoing reasons, the judgment of the trial court is reversed and the cause is remanded for further proceedings consistent with this opinion.
Judgment reversedand cause remanded.
GREY and HOMER E. ABELE, JJ., concur.