State ex rel. Chandler v. Butler, 61 Ohio St. 3d 592

State ex rel. Chandler v. Butler

61 Ohio St. 3d 592 | Ohio | 1991

Lead Opinion

Per Curiam.

The undisputed facts show that the $4,815 in question was forfeited, pursuant to federal law. See Section 881, Title 21, U.S.Code. Under Article VI of the United States Constitution, the federal Constitution and laws of the United States are made “the supreme law of the land.” Since the money was forfeited under federal law, it is immaterial what R.C. 2933.43 states about its return. Relator’s claim, if any, is against the federal government.

*594Accordingly, pursuant to Civ.R. 12(B), we convert respondents’ officer Butler's, Cincinnati Police Department’s, and city of Cincinnati’s motion to dismiss into a motion for summary judgment, grant it and respondent Hamilton County Prosecuting Attorney’s motion for summary judgment, and deny relator’s motion for summary judgment.

Judgment accordingly.

Moyer, C.J., Sweeney, Holmes, Douglas, H. Brown and Resnick, JJ., concur. Wright, J., dissents in part.

Concurrence in Part

Wright, J.,

dissenting in part. I concur with the court’s ruling on the prosecutor’s office’s motion for summary judgment, but I dissent from its ruling on Cincinnati’s motion for summary judgment.