State ex rel. Evans v. McGrath
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The Supreme Court affirmed the judgment of the Court of Appeals dismissing Appellant’s complaint for writs of mandamus and prohibition against Judge Patrick M. McGrath of the Court of Claims, holding the complaint was properly dismissed.
Appellant, then an inmate, filed a negligence action against the Ohio Department of Rehabilitation and Correction. Judge McGrath dismissed the suit. The Court of Appeals reversed and remanded for further proceedings. While Appellant’s negligence action was pending on remand, Appellant filed his complaint for writs of prohibition and mandamus seeking an order prohibiting Judge McGrath from conducting proceedings on the defendant’s liability and requiring the judge to hold a damages-only hearing on Appellant’s negligence claim. The Court of Appeals dismissed the complaint. The Supreme Court affirmed, holding (1) the Court of Appeals correctly dismissed the complaint on the grounds that Appellant had misunderstood the Court of Appeals’ order to the Court of Claims, which held only that Appellant had met the liberal pleading standards required for complaints of negligence and not that Appellant had prevailed on the merits; and (2) nothing in the record suggested that Judge McGrath was refusing to comply with the Court of Appeals’ mandate, nor did the judge lack the authority to preside over a claim for relief in negligence.
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