Bailey v. Ohio Dept. of Dev. Disabilities

[Cite as Bailey v. Ohio Dept. of Dev. Disabilities, 2023-Ohio-3144.]

IN THE COURT OF CLAIMS OF OHIO

LINDA BAILEY Case No. 2022-00463JD

Plaintiff Judge Lisa L. Sadler

Magistrate Robert Van Schoyck

v.

ENTRY GRANTING DEFENDANT’S

OHIO DEPARTMENT OF MOTION FOR JUDGMENT ON THE

DEVELOPMENTAL DISABILITIES PLEADINGS

Defendant

{¶1} Plaintiff brings this action seeking to recover monetary damages against

Defendant, Ohio Department of Developmental Disabilities. In the portion of her form

complaint for describing the basis of her claim, Plaintiff alleges as follows:

Claimant’s ward, Joshua Akins, has been physically abused by Ohio

Depart[ment] of Developmental Disabilities via the Cuyahoga County Board

of Developmental Disabilities. State agency has admitted allegations,

claimant has pictures of abuse (physical). Claimant states that her ward

has tested positive multiple times for fentanyl. Ward does not have a

prescription for that drug. Claimant has medical records stating the positive

results and police reports for corrupting another with drugs. Claimant states

that Ward is severely autistic and is non-verbal.

Complaint, ¶ 12.

{¶2} On June 21, 2023, Defendant filed a Motion for Judgment on the Pleadings

pursuant to Civ.R. 12(C). Plaintiff filed a response on July 5, 2023.

{¶3} “After the pleadings are closed but within such time as not to delay the trial,

any party may move for judgment on the pleadings.” Civ.R. 12(C). “Dismissal is

appropriate under Civ.R. 12(C) when (1) the court construes as true, and in favor of the

Case No. 2022-00463JD -2- ENTRY

nonmoving party, the material allegations in the complaint and all reasonable inferences

to be drawn from those allegations and (2) it appears beyond doubt that the plaintiff can

prove no set of facts that would entitle him or her to relief.” Reister v. Gardner, 164 Ohio

St.3d 546, 2020-Ohio-5484, 174 N.E.3d 713, ¶ 17. “Therefore, a Civ.R. 12(C) motion

‘tests the allegations of the complaint and presents a question of law.’” Jackson v. Ohio

Dept. of Rehab. & Corr., 10th Dist. Franklin No. 19AP-621, 2020-Ohio-1518, ¶ 11, quoting

Zhelezny v. Olesh, 10th Dist. Franklin No. 12AP-681, 2013-Ohio-4337, ¶ 9.

{¶4} Defendant argues in its motion that because the abuse of Plaintiff’s ward

allegedly occurred through the acts or omissions of the Cuyahoga County Board of

Developmental Disabilities, the state is not the proper defendant. According to

Defendant, the Cuyahoga County Board of Developmental Disabilities is not an agent of

the state but instead is a political subdivision over which the Court of Claims lacks

jurisdiction. In short, Defendant argues, it “cannot be held liable for the alleged acts or

omissions of the County Board.” Motion, p. 6.

{¶5} Plaintiff disagrees, arguing that “[t]he Court of Claims does have jurisdiction

in this matter as the statutes state that the Court has authority over Boards such as the

one in question here, as the Cuyahoga County Board of DD is a submissive agent of the

Defendant and through Ohio statutes and rules, empowered by the Defendant.”

Response, pp. 6-7. According to Plaintiff, “[t]he Ohio Administrative Rules governing the

Defendant state the caretaking function the Defendant has over County Boards of DD as

they are clearly directed with overseeing all functions of the County Boards through

Chapters 5123-4 & 5123.2-1.” Id. at p. 7.

{¶6} “The Court of Claims is a court of limited jurisdiction that has exclusive,

original jurisdiction over claims brought against the state as a result of the state’s waiver

of immunity in R.C. 2743.02.” Duff v. Ohio Adult Parole Auth., 2017-Ohio-8895, 100

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N.E.3d 1144, ¶ 6 (10th Dist.). As used in R.C. Chapter 2743, “‘[s]tate’ means the state of

Ohio, including, but not limited to, the general assembly, the supreme court, the offices

of all elected state officers, and all departments, boards, offices, commissions, agencies,

institutions, and other instrumentalities of the state. ‘State’ does not include political

subdivisions.” R.C. 2743.01(A). “‘Political subdivisions’ means municipal corporations,

townships, counties, school districts, and all other bodies corporate and politic

responsible for governmental activities only in geographic areas smaller than that of the

state to which the sovereign immunity of the state attaches.” R.C. 2743.01(B).

{¶7} Pursuant to R.C. 5126.02, each county shall have its own county board of

developmental disabilities. The board of county commissioners and the senior probate

judge are the appointing authorities for a county board of developmental disabilities. R.C.

5126.01(C). A county board of developmental disabilities has powers and duties as set

forth in R.C. 5126.05. As a matter of law, being a county body responsible for

governmental activities only in a geographic area smaller than that of the state, a county

board of developmental disabilities is a political subdivision—not an instrumentality of the

state—for purposes of R.C. Chapter 2743. See Starks v. Bur. of Motor Vehicles, 10th

Dist. Franklin No. 98AP-1177, 1999 Ohio App. LEXIS 3558, *9-10 (Aug. 5, 1999) (“a court

of appeals, being responsible for governmental activities in a geographic area smaller

than that of the state, is a political subdivision”).

{¶8} With respect to Plaintiff’s assertion that the county boards of developmental

disabilities operate under state oversight and serve as an ‘agent’ of the state, “‘[a]lthough

many social programs operate under state or federal oversight and financing, they still

remain local governmental operations of the political subdivision. The local agencies and

county commissioners are not agents of the state absent statutory language to that

effect.’” Williams v. Ohio Dept. of Human Servs., 10th Dist. Franklin No. 95API06-778,

1995 Ohio App. LEXIS 5470, *6 (Dec. 12, 1995), quoting

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Burr v. Stark Cty. Bd. of Commrs., 23 Ohio St.3d 69, 72, 491 N.E.2d 1101 (1986); see

also Vincent v. Hamilton Cty. Community Mental Health Bd., 1st Dist. Hamilton No. C-

850885, 1986 Ohio App. LEXIS 8850, *3-4 (Oct. 29, 1986). While it is true, as Plaintiff

notes, that Defendant has promulgated administrative rules in Ohio Adm.Code Chapters

5123-4 and 5123:2 relating to county boards of developmental disabilities, Plaintiff has

identified no statutory language to the effect that a county board of developmental

disabilities is an agent of the state for purposes of R.C. Chapter 2743.

{¶9} Making all reasonable inferences in favor of Plaintiff, although the complaint

seeks monetary damages against the named Defendant, Ohio Department of

Developmental Disabilities, this case is predicated upon the alleged abuse of Plaintiff’s

ward “via the Cuyahoga County Board of Developmental Disabilities”, a political

subdivision over which the Court of Claims lacks jurisdiction. See Williams at *6

(“Counties are not the state but, rather, are political subdivisions and fall outside the

legislature’s statutory waiver of ‘state’ immunity and the Court of Claims’ jurisdiction.”);

Daugherty v. Ohio Dept. of Human Servs., 10th Dist. Franklin No. 00AP-1093, 2001 Ohio

App. LEXIS 708 (Feb. 27, 2001) (“the Ohio Court of Claims does not have jurisdiction

over an action involving a county department of human services.”). The allegations of the

complaint do not challenge any act or omission on the part of Defendant nor has Plaintiff

identified any viable legal theory that could impose liability upon Defendant. Accordingly,

the Court finds beyond doubt the Plaintiff can prove no set of facts entitling her to relief in

the Court of Claims.

{¶10} Based upon the foregoing, the Defendant is entitled to judgment as a matter

of law and Defendant’s Motion for Judgment on the Pleadings is GRANTED. Any claim

based upon the acts or omissions of the Cuyahoga County Board of Developmental

Disabilities is DISMISSED without prejudice for lack of subject matter jurisdiction, and the

complaint is otherwise DISMISSED for failure to state a claim upon which relief can be

granted. Court costs are assessed against Plaintiff. The clerk shall serve upon all parties

notice of this judgment and its date of entry upon the journal.

Case No. 2022-00463JD -5- ENTRY

LISA L. SADLER

Judge

Filed August 4, 2023

Sent to S.C. Reporter 9/7/23