State ex rel. Evans v. TiemanAnnotate this Case
The Supreme Court dismissed this original action in mandamus for failure to state a claim, holding that Relator was not entitled to mandamus relief.
Relator, an inmate, brought this action against Respondents, nine public officials in Scioto and Franklin Counties, seeking to compel Respondents to investigate and prosecute his allegations of criminal activity and to issue arrest warrants based on the allegations. Respondents filed motions to dismiss, arguing that the complaint failed to comply with Ohio Rev. Code 2969.25's filing requirements. The Supreme Court denied the motions to dismiss because section 2969.25 did not apply. Under an independent assessment of the sufficiency of the mandamus complaint, the Court nonetheless dismissed the complaint, holding that the complaint failed to state a claim for relief in mandamus because Relator failed to allege facts that, if proved, would establish a clear legal duty to act on the part of Respondents.