State ex rel. O'Malley v. Russo
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In this original action brought by Cuyahoga County Prosecuting Attorney Michael C. O'Malley seeking a writ of prohibition to prevent Cuyahoga County Court of Common Pleas Judge Michael J. Russo from exercising jurisdiction over a wrongful imprisonment claim filed by Joe D'Ambrosio and a writ of procedendo to compel Judge Russo to terminate D'Ambrosio's litigation, the Supreme Court granted Judge Russo's motion for judgment on the pleadings, holding that O'Malley was not entitled to either writ.
D'Ambrosio commenced a wrongful imprisonment action in the common pleas court under Ohio Rev. Code 2743.48. The trial court granted summary judgment for D'Ambrosio. The Supreme Court reversed. Thereafter, D'Ambrosio filed a new complaint in common pleas court again asserting a wrongful imprisonment claim. The State moved for judgment on the pleadings, arguing that the mandate rule and the doctrines of law of the case and res judicata barred the action. The trial court denied the State's motion. The Supreme Court granted Judge Russo's motion for judgment on the pleadings, holding that O'Malley had not alleged facts supporting the issuance of a writ of prohibition or a writ of procedendo.
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