Opinion

Ketterman v. Dept. of Rehab. & Corr.

  • 2010 Ohio 3794
Court
Ohio Court of Claims
Filed
Apr 9, 2010
Status
Published
On the bench
Borchert
Cited by
0 cases
Authority
More cited than 32.2%

The opinion

[Cite as Ketterman v. Dept. of Rehab. & Corr., 2010-Ohio-3794.]

Court of Claims of Ohio

The Ohio Judicial Center

65 South Front Street, Third Floor

Columbus, OH 43215

614.387.9800 or 1.800.824.8263

www.cco.state.oh.us

MIKE KETTERMAN

Plaintiff

v.

DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2009-09809-AD

Deputy Clerk Daniel R. Borchert

ENTRY OF DISMISSAL

{¶ 1} On December 30, 2009, plaintiff, Mike Ketterman, filed a complaint against

defendant, Department of Rehabilitation and Correction. Plaintiff alleges that his

personal property was confiscated and destroyed without authority by defendant.

Plaintiff seeks damages in the amount of $285.99.

{¶ 2} On March 18, 2010, defendant filed a motion to dismiss pursuant to Civ.R.

12(B)(1), lack of subject matter jurisdiction and Civ.R. 12(B)(6), failure to state a claim

upon which relief can be granted. Defendant supplied this court with a conduct report

dated August 16, 2009, wherein the items listed in plaintiff’s complaint were found to be

contraband. A Hearing Officer’s Report, dated August 19, 2009, revealed the plaintiff

plead guilty to a rule 51 violation, having property over the allowable limits. The Hearing

Officer ruled that all contraband should be destroyed. The decision was reviewed and

affirmed by the chairman of the Rules Infraction Board on August 19, 2009.

{¶ 3} Accordingly, defendant asserts plaintiff’s case should be dismissed.

Plaintiff did not respond to defendant’s motion to dismiss.

{¶ 4} Civ.R. 12(B) in pertinent part states:

Case No. 2006-03532-AD -2- ENTRY

{¶ 5} “When a motion to dismiss for failure to state a claim upon which relief can

be granted presents matters outside the pleading and such matters are not excluded by

the court, the motion shall be treated as a motion for summary judgment and disposed

of as provided in Rule 56.”

{¶ 6} Civ.R. 56(C) states, in part, as follows:

{¶ 7} “Summary judgment shall be rendered forthwith if the pleadings,

depositions, answers to interrogatories, written admissions, affidavits, transcripts of

evidence, and written stipulations of fact, if any, timely filed in the action, show that

there is no genuine issue as to any material fact and that the moving party is entitled to

judgment as a matter of law. No evidence or stipulation may be considered except as

stated in this rule. A summary judgment shall not be rendered unless it appears from

the evidence or stipulation, and only from the evidence or stipulation, that reasonable

minds can come to but one conclusion and that conclusion is adverse to the party

against whom the motion for summary judgment is made, that party being entitled to

have the evidence or stipulation construed most strongly in the party’s favor.” See also

Gilbert v. Summit County, 104 Ohio St. 3d 660, 2004-Ohio-7108, citing Temple v. Wean

United, Inc. (1977), 50 Ohio St. 2d 317, 4 O.O. 3d 466, 364 N.E. 2d 267.

{¶ 8} Plaintiff has no right to assert a claim for contraband property he has no

right to possess. Radford v. Department of Rehabilitation and Correction (1985), 84-

09071.

{¶ 9} An inmate’s appeal of a Rules Infraction Board decision does not relate to

civil law, a proper subject for adjudication pursuant to Chapter 2743 of the Ohio Revised

Code. Instead, the appeal relates to private rights and remedies involving criminal

proceedings and penalties imposed by a disciplinary board. Therefore, it falls outside

the court’s exclusive jurisdiction. Maynard v. Jago (1977), 76-051-AD.

{¶ 10} The court of claims does not have jurisdiction over decisions of the Rules

Infraction Board. Chatman v. Dept. of Rehabilitation and Correction (1985), 84-06323-

AD; Ryan v. Chillicothe Institution (1981), 81-05181-AD; Rierson v. Department of

Case No. 2006-03532-AD -3- ENTRY

Rehabilitation (1981), 80-00860-AD.

{¶ 11} Therefore, defendant’s motion to dismiss is GRANTED. Plaintiff’s case is

DISMISSED. The court shall absorb the court costs of this case.

________________________________

DANIEL R. BORCHERT

Deputy Clerk

Entry cc:

Mike Ketterman Gregory C. Trout, Chief Counsel

Alternatives Agency, Inc. Department of Rehabilitation

S.E.L.F. Center and Correction

1804 E. 55th Street 770 West Broad Street

Cleveland, Ohio 44103 Columbus, Ohio 43222

DRB/laa

Filed 4/9/10

Sent to S.C. reporter 8/13/10

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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