DocketNumber: No. 2006-A-0038.
Citation Numbers: 2007 Ohio 2858
Judges: PER CURIAM.
Filed Date: 6/8/2007
Status: Precedential
Modified Date: 7/6/2016
{¶ 2} Upon fully reviewing the factual allegations in the instant petition, this court holds that relator has failed to state a viable claim for a writ of prohibition because the specific relief he seeks cannot be afforded through such a writ. As we have consistently noted in prior original actions, the function of a writ of prohibition is very limited; i.e., the sole purpose of such a writ is to stop an inferior court or judicial officer from engaging in any action which exceeds the general scope of its jurisdiction. Blackwell v. Camplese, 11th Dist. No. 2003-A-0060, 2003-Ohio-4365, at ¶ 5. In other words, "* * * a writ of prohibition has been defined as an order in which a court of superior authority commands a court of inferior jurisdiction to stop abusing its basic judicial power." State ex rel. Sferra v. Girard, 11th Dist. No. 2005-T-0125,
{¶ 3} Given the foregoing precedent as to the inherent purpose of this writ, this court has further indicated that "* * * the proper respondent to a prohibition action is typically the court or judge who is intending to act beyond the parameters of his jurisdiction. Although it is certainly possible for other public entities or officials to be properly named as a respondent in this type of action, the decisive factor is whether the entity or official is actually performing a judicial or quasi-judicial function. * * * If the entity or official is not exercising any judicial discretion in performing a public function, an action in prohibition is not the proper legal means of enjoining the completion of the act." (Citation omitted.) Id., at ¶ 15.
{¶ 4} In State ex rel. Carter v. Ohio Dep. of Rehabilitation andCorrection, 10th *Page 3
Dist. No. 04AP-339,
{¶ 5} In the instant matter, relator has basically asserted that respondent is not treating him properly and is retaliating against him in light of his attempt to assist other inmates with legal problems. While this court would acknowledge that mistreatment sometimes can be viewed as a form of "punishment" which is typically imposed by a judicial power, our review of the prohibition petition readily shows that relator has not alleged that the mistreatment has occurred after respondent has conducted a hearing and has issued some type of judicial decision. Instead, his allegations merely indicate that respondent and his agents are trying to control his behavior by punishing him for what is perceived as violations of prison rules. To this extent, respondent is enforcing policy as the head of the penitentiary, not as a quasi-judicial officer. Although, under certain circumstances, mistreatment of an inmate through the enforcement of prison policy may be actionable in a separate type of legal proceeding, it cannot be litigated in the context of a prohibition case.
{¶ 6} As a general proposition, this court has concluded that a prohibition claim *Page 4
can be subject to dismissal under Civ.R. 12(B)(6) when the nature of the relator's allegations are such that, even if the allegations are presumed true and interpreted in a manner most favorable to him, it would still be beyond doubt that he will not be able to prove a set of facts entitling him to the writ. State ex rel. McKay v. Yost, 11th Dist. No. 2006-A-0054,
{¶ 7} As an element of a writ of prohibition, the relator must be able to establish, inter alia, that a judicial officer is preparing to use his judicial authority. McKay,
{¶ 8} Accordingly, pursuant to Civ.R. 12(B)(6), it is the sua sponte order of this court that relator's entire prohibition petition is hereby dismissed in its entirety.
CYNTHIA WESTCOTT RICE, P.J., DIANE V. GRENDELL, J., MARY JANE TRAPP, J. concur. *Page 1
State v. Roberson, 88215 (4-26-2007) , 2007 Ohio 1981 ( 2007 )
State ex rel. Smith v. Hayes , 2014 Ohio 1367 ( 2014 )
State ex rel. Elder v. Camplese , 2014 Ohio 4546 ( 2014 )
State ex rel. Edler v. Camplese , 2014 Ohio 4547 ( 2014 )
State ex rel. Bridge v. Chardon Mun. Court , 2016 Ohio 344 ( 2016 )
Entech, Ltd. v. Geauga Cty. Court of Common Pleas , 2017 Ohio 503 ( 2017 )
State ex rel. Grant v. Collins , 2017 Ohio 1338 ( 2017 )
State ex rel. O'Brien v. Nosich , 2022 Ohio 3868 ( 2022 )
State ex rel. Baryak v. Trumbull Cty. Bd. of Elections , 2019 Ohio 4655 ( 2019 )