Opinion

Steward v. Department of Rehabilitation & Correction

  • 94 Ohio Misc. 2d 75
  • 703 N.E.2d 377
  • 1998 Ohio Misc. LEXIS 39
Court
Ohio Court of Claims
Filed
Aug 26, 1998
Status
Published
Author
Gartin
On the bench
Gartin
Cited by
0 cases
Authority
More cited than 15.0%

The opinion

FRED D. Gartin, Magistrate.

On August 3, 1998, a trial was held at the Lebanon Correctional Institution. Plaintiff Douglas K. Steward is an inmate under the custody and control of defendant pursuant to R.C. 5210.16.

*76 Plaintiffs complaint sets forth various allegations regarding decisions of the Rules Infraction Board and Adult Parole Board, as well as his classification within the institution.

The Court of Claims lacks jurisdiction over rulings of the Rules Infraction Board. Saxton v. Ohio Dept. of Rehab. & Corr. (1992), 80 Ohio App.3d 389 , 609 N.E.2d 245 . The court also lacks jurisdiction and will not act as an appellate court for decisions of the Parole Board. Ross v. Shoemaker (1981), 3 Ohio App.3d 31 , 443 N.E.2d 1025 . Last, the court will not interfere with the classification and placement of prisoners. Bell v. Wolfish (1979), 441 U.S. 520 , 99 S.Ct. 1861 , 60 L.Ed.2d 447 .

Plaintiff also did not prove any other claim by a preponderance of the evidence. To the contrary, plaintiff continued to argue claims over which the court lacked jurisdiction even after he was so informed by the magistrate. Plaintiff is simply dissatisfied with the institution, and his exhibits and testimony demonstrate that he has written to many government agencies to request an investigation of his claims. After being dissatisfied with the responses, he filed a lawsuit in this court requesting the court to investigate his claims. The Court of Appeals for Franklin County has held: “The Court of Claims of Ohio is not meant to be merely an avenue for inmates to vent their spleens- about whatever is -wrong in their world.” Hurst v. Ohio Adult Parole Auth. (Dec. 24, 1991), Franklin App. No. 91AP-911, unreported, 1991 WL 274883 . Additionally, the court is a neutral fact finder, and plaintiff did not offer or establish any facts entitling him to any relief. Therefore, at the conclusion of plaintiffs case, defendant’s Civ.R. 41(B)(2) motion was SUSTAINED.

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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