McCoy v. Unknown

[Cite as McCoy v. Unknown, 2011-Ohio-1944.]
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
CHARLES MCCOY
Plaintiff
v.
UNKNOWN
Defendant
Case No. 2010-03142-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL
{¶ 1} On February 22, 2010, plaintiff, Charles McCoy, filed a complaint against
defendants, April D. Martin, Cale Saric, and the Heath Police Department. On February
23, 2010, this court issued an entry dismissing these parties since they were not state
entities and accordingly, could not be sued in the Court of Claims. On April 30, 2010,
plaintiff filed an amended complaint naming the Heath City Police Department as
defendant. On May 14, 2010, this court issued an entry of dismissal since the Heath
City Police Department is not a state entity. On May 19, 2010, plaintiff filed a motion to
reopen his claim. On September 8, 2010, this court issued an entry requiring plaintiff to
file an amended form complaint asserting the reasons he believes the Attorney General
is responsible for the actions of the City of Heath Police Department and why their
actions resulted in damage to plaintiff. Plaintiff also needed to submit either the filing
fee or a poverty statement.
{¶ 2} On September 22, 2010, plaintiff filed an amended complaint. Plaintiff
asserts the Attorney General’s Division of Certification and Standards Division is
responsible for the actions of the city police officers involved. The Certification and
Case No. 2010-03142-AD -2- ENTRY
Standards Division ensures that all police training certification programs meet the
applicable minimum standards established by the Ohio Revised Code and Ohio
Administrative Code. Nothing in the statute or the Administrative Code provides a duty
upon the Attorney General to insure the proper conduct of the officers throughout the
state that receive this training. Plaintiff has cited no statute, rule, or case law which
supports this proposition. Accordingly, plaintiff’s case is DISMISSED. The court shall
absorb the court costs in this case.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Charles McCoy, #488-128
P.O. Box 7010
Chillicothe, Ohio 45601
DRB/laa
Filed 1/28/111
Sent to S.C. reporter 4/15/11