Sharp v. Marion Corr. Inst.
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[Cite as Sharp v. Marion Corr. Inst., 2009-Ohio-3582.] 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 JAMES A. SHARP Plaintiff v. MARION CORRECTIONAL INSTITUTION Defendant Case No. 2008-11338-AD Deputy Clerk Daniel R. Borchert ENTRY OF DISMISSAL {¶ 1} On December 1, 2008, plaintiff, James A. Sharp, filed a complaint against defendant, Marion Correctional Institution. Plaintiff alleges on October 25, 2008, defendant s agent, Officer Jeremy Moore, called a random count. Plaintiff informed Officer Moore that he had taken water pills and needed to use the restroom. Plaintiff s request was refused and he was required to urinate in a bottle in front of approximately 90 other inmates. Plaintiff asserts he was humiliated and such conduct constituted cruel and unusual treatment, racial discrimination, abuse of discretion and inappropriate supervision. Plaintiff seeks damages in the amount of $2,500. {¶ 2} On February 11, 2009, defendant filed a motion to dismiss stating plaintiff s case should be dismissed based upon the court s lack of jurisdiction. Defendant states this court lacks jurisdiction to hear claims involving constitutional issues and civil rights actions. Accordingly, defendant asserts the motion to dismiss should be granted. {¶ 3} Plaintiff has not responded to defendant s motion to dismiss. Case No. 2008-11338-AD -2- ENTRY {¶ 4} The Court of Claims lacks jurisdiction over claims asserting constitutional violations. Langford v. Ohio Dept. of Rehab. & Corr., Franklin App. No. 01AP-580, 2001-Ohio-8870; Gersper v. Ohio Dept. of Hwy. Safety (1994), 95 Ohio App. 3d 1, 641 N.E. 2d 113. {¶ 5} Historically this court has held that it does not have jurisdiction over civil rights actions pursuant to 42 U.S.C. 1983 or over claims based solely on the alleged violation of constitutional provisions that require state action. Sherrills v. MCI (1983), 83-05439-AD; Burkey v. Southern Ohio Correctional Facility (1988), 38 Ohio App. 3d 170, 528 N.E. 2d 607; Glover v. Chillicothe Correctional Inst., Ct. of Cl. No. 2002-02809AD, 2003-Ohio-2963. {¶ 6} Upon review, defendant s motion to dismiss is GRANTED, since this court lacks subject matter jurisdiction over the allegations contained in plaintiff s complaint. Plaintiff s case is DISMISSED. The court shall absorb the court costs of this case. ________________________________ DANIEL R. BORCHERT Deputy Clerk Entry cc: James A. Sharp, #522-087 940 Williamsport P.O. Box 57 Marion, Ohio 43301 DRB/laa 3/27 Filed 4/8/09 Sent to S.C. reporter 7/20/09 James R. Guy, Staff Counsel Department of Rehabilitation and Correction 770 West Broad Street Columbus, Ohio 43222
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