Buddenberg v. Weisdack
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The Supreme Court answered questions certified by the United States District Court for the Northern District of Ohio, Eastern Division regarding whether a conviction is a condition precedent to civil liability pursuant to Ohio Rev. Code 2307.60.
Plaintiff's complaint asserted claims for civil liability pursuant to section 2307.60 for alleged violations of three criminal statutes: Ohio Rev. Code 2921.05 (retaliation), Ohio Rev. Code 2921.03 (intimidation), and Ohio Rev. Code 2921.45 (interfering with civil rights). Defendants filed a motion to dismiss for failure to state a claim because they had not been convicted of the underlying criminal offenses. The federal court denied the motions to dismiss and then certified questions to the Supreme Court. The Supreme Court answered (1) section 2307.60's creation of a civil cause of action for injuries based on a "criminal act" does not require an underlying criminal conviction; and (2) a criminal conviction is not a condition precedent to a civil claim pursuant to section 2921.03.
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