DocketNumber: No. 07AP-506.
Citation Numbers: 2007 Ohio 7150
Judges: KLATT, J.
Filed Date: 12/31/2007
Status: Precedential
Modified Date: 7/6/2016
{¶ 2} In 2001, appellant pled guilty in the Champaign County Court of Common Pleas to one count of theft and one count of failure to appear. The trial court sentenced *Page 2 him to three years of community control with a number of conditions, including the completion of a treatment program. The trial court did not indicate a specific term of imprisonment it would impose if appellant violated his community control. Appellant failed to complete the treatment program, so the State moved to revoke appellant's community control. After a hearing, the trial court revoked appellant's community control and sentenced him to 28 months in prison. Appellant was placed in the custody of ODRC on February 7, 2002.
{¶ 3} On appeal, the Second District Court of Appeals reversed appellant's prison sentence. The court reasoned that the trial court "lacked the authority to impose any prison sentence as a sanction for Bradley's community control violation * * *" because it never informed him of the specific sentence he would face for a community control violation as required by R.C.
{¶ 4} Subsequently, appellant filed the present lawsuit in the Court of Claims of Ohio. He claimed that as a result of the Champaign County Court of Common Pleas sentence, he was falsely imprisoned from February 7, 2002 until March 13, 2003, the day he was released from prison and placed on community control following the Bradley decision.
{¶ 5} After each party submitted motions for summary judgment, appellant sought leave to amend his complaint to add two claims for declaratory judgment. Because appellant has since been reincarcerated for an unrelated offense, he sought a declaration that ODRC could not count his imprisonment from February 7, 2002 until March 13, 2003 *Page 3 in determining his eligibility for certain prison programs.1 Appellant also claimed an entitlement to a $75 payment upon his release from prison.2 The court of claims granted appellant leave to amend his complaint. ODRC filed another motion for summary judgment, claiming that it was also entitled to judgment as a matter of law on appellant's claims in his amended complaint.
{¶ 6} A magistrate recommended that the court of claims grant ODRC's motions for summary judgment. The magistrate determined that ODRC could not be liable for false imprisonment because the Champaign County Court of Common Pleas' sentencing entry did not include any error on its face that would indicate it was invalid. Additionally, the magistrate determined that appellant's declaratory judgment claims addressed discretionary decisions made by the ODRC for which ODRC is immune from liability. The court of claims overruled appellant's objections and adopted the magistrate's decision.
{¶ 7} Appellant appeals and assigns the following errors:
*Page 4FIRST ASSIGNMENT OF ERROR
THE COURT OF CLAIMS ERRED IN GRANTING APPELLEE IMMUNITY BASED UPON THEIR PERFORMANCE OF A LEGAL DUTY TO CONFINE, WHERE THE OHIO LEGISLATURE EXPRESSLY ABOLISHED SUCH IMMUNITY THROUGH THE COURT OF CLAIMS ACT.
*Page 5SECOND ASSIGNMENT OF ERROR
THE COURT OF CLAIMS VIOLATED THE DOCTRINES OF RES JUDICATA AND COLLATERAL ESTOPPEL BY CONDUCTING ITS OWN INDEPENDENT REVIEW OF THE FEBRUARY 7, 2002 JOURNAL ENTRY AND DETERMINING THAT IT APPEARED TO BE VALID, WHEN THE COURT OF APPEALS HAD ALREADY REVIEWED THE SAME JUDGMENT AND SPECIFICALLY DETERMINED THAT THE JUDGMENT WAS UNAUTHORIZED AND INVALID.
THIRD ASSIGNMENT OF ERROR
THE COURT OF CLAIMS USURPED THE POWER OF THE COURT OF APPEALS AND THE OHIO SUPREME COURT BY CONDUCTING ITS OWN INDEPENDENT AND UNAUTHORIZED REVIEW OF THE TRIAL COURT'S JUDGMENT WHERE THE COURT OF APPEALS AND THE OHIO SUPREME COURT HAD ALREADY EXERCISED ITS JURISDICTION TO REVIEW SAID JUDGMENT AND DETERMINED THAT THE JUDGMENT WAS UNAUTHORIZED AS A MATTER OF LAW.
FOURTH ASSIGNMENT OF ERROR
THE COURT OF CLAIMS DENIED APPELLANT A REMEDY BY DUE COURSE OF LAW FOR THE INJURY DONE HIM IN HIS PERSON, PROPERTY, AND REPUTATION IN VIOLATION OF OHIO CONST. ART.
I , SECTION16 , BY GRANTING THE DEFENDANT IMMUNITY WHERE THE COURT OF CLAIMS ACT ABOLISHED SUCH IMMUNITY AND WHERE NO SUCH IMMUNITY WOULD BE APPLICABLE TO PRIVATE PARTIES IN THE SAME CAUSE OF ACTION.FIFTH ASSIGNMENT OF ERROR
THE COURT OF CLAIMS ABUSED ITS DISCRETION IN DISMISSING APPELLANT'S CLAIM FOR A DECLARATORY JUDGMENT WITHOUT CONSIDERING A FAIR INTERPRETATION OF THE FACTUAL ALLEGATIONS SET FORTH IN THE COMPLAINT AND WITHOUT SETTING FORTH ANY CONSTRUCTION OF THE DOCUMENT OR LAW UNDER CONSIDERATION.
{¶ 8} Appellant's appeal is from the court of claims' grant of summary judgment to ODRC. Appellate review of summary judgment motions is de novo. Helton v. Scioto Cty. Bd. of Commrs. (1997),
{¶ 9} Appellant's first, second, and third assignments of error each address his claim for false imprisonment. Therefore, we will address these assignments of error together. Appellant's claim of false imprisonment is based on the Second District Court of Appeals' determination that the Champaign County Court of Common Pleas lacked authority to sentence him to prison. Bradley. Thus, he claims that the time he spent in prison as a result of the unlawfully imposed sentence constituted false imprisonment.
{¶ 10} False imprisonment occurs when a person confines another intentionally "`without lawful privilege and against his consent within a limited area for any appreciable time, however short.'" Bennett v.Ohio Dept. of Rehab. Corr (1991),
{¶ 11} Appellant first argues that the Court in Bennett abolished the State's immunity for claims of false imprisonment even though the imprisonment occurred pursuant to a judgment or order of a court. We disagree. Although the Bennett court held that R.C.
{¶ 12} Next, appellant contends that the doctrine of collateral estoppel barred the court of claims from analyzing the facial validity of the sentencing entry because the Second District Court of Appeals already held that the sentencing entry was void. We disagree. *Page 7
{¶ 13} "[Collateral estoppel prevents parties from relitigating in a subsequent case facts and issues that were fully litigated in a previous case." State ex rel. Stacy v. Batavia Loc. School Dist. Bd. ofEdn.,
{¶ 14} The Second District Court of Appeals in Bradley determined that the Champaign County Court of Common Pleas erred when it sentenced appellant to prison because it failed to inform him that it would impose such a sentence if appellant violated the terms of his community control. In the case at bar, the court of claims addressed a different issue. In order to determine ODRC's liability for false imprisonment, the court of claims reviewed the sentencing entry to determine whether the entry had any irregularities on its face that would suggest it was erroneous or void. Pilz v. Ohio Dept. of Rehab. Corr, Franklin App. No. 04AP-240,
{¶ 15} Because the facial validity of appellant's sentencing entry was not the issue litigated in the Bradley case, collateral estoppel did not bar the court of claims from deciding that issue in this case. The court of claims properly reviewed the sentencing entry to determine its facial validity. We agree with the court of claims that there is nothing on the face of the sentencing entry that would suggest it was invalid. Accordingly, the court of claims properly granted summary judgment in favor of ODRC on appellant's *Page 8 claim for false imprisonment. Appellant's first, second, and third assignments of error are overruled.
{¶ 16} Appellant contends in his fifth assignment of error that the court of claims erred when it dismissed his claims for declaratory judgment. Appellant presented two claims for declaratory judgment. First, he requested the court of claims to declare that he had only two separate adult incarcerations, a determination that would make him eligible for job training programs. Second, he claimed an entitlement to a $75 payment pursuant to an ODRC policy for inmates who are lawfully released. The court of claims held that ODRC had immunity from these claims. We disagree.
{¶ 17} This immunity, commonly referred to as sovereign or discretionary immunity, provides that "the state cannot be sued for its legislative or judicial functions or the exercise of an executive or planning function involving the making of a basic policy decision which is characterized by the exercise of a high degree of official judgment or discretion." Reynolds v. State (1984),
{¶ 18} This doctrine, however, provides states with immunity from tort liability. See Garland v. Ohio Dept. of Transp. (1990),
{¶ 19} Lastly, appellant contends in his fourth assignment of error that the court of claims' grant of summary judgment violated his constitutional right to a remedy, as provided by the Ohio Constitution in Article
{¶ 20} A trial court's proper grant of summary judgment does not violate this constitutional provision. State Farm Mut. Auto. Ins. Co. v.Advanced Impounding Recovery Servs.,
{¶ 21} Appellant's first, second, and third assignments of error are overruled. His fourth assignment of error is overruled in part and rendered moot in part. Finally, his fifth *Page 10 assignment of error is sustained. Accordingly, the judgment of the Court of Claims of Ohio is affirmed in part and reversed in part, and the matter is remanded for further proceedings in accordance with this opinion.
Judgment affirmed in part, reversed in part; and cause remanded.
SADLER, P.J., and BRYANT, J., concur.
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