wrongful imprisonment claim in Ohio

2017The Tenth District declined to consider the state's contention that the wrongful imprisonment claim also failed based on the Ohio Supreme Court's recent decision in Mansaray, 138 Ohio St.3d 277 , 2014-Ohio-750 , 6 N.E.3d 35 .

2017The Tenth District declined to consider the state's contention that the wrongful imprisonment claim also failed based on the Ohio Supreme Court's recent decision in Mansaray, 138 Ohio St.3d 277 , 2014-Ohio-750 , 6 N.E.3d 35 .

2026Beavers, 2019-Ohio-3587 (2d Dist.).

2025With respect to the actual innocence aspect of R.C. 2743.48(A)(5), the State observed this requirement of a wrongful imprisonment claim has always been included in the statutory language of R.C. 2743.48(A), and Brown’s actual innocence was previously litigated between these same parties, adversely to him in 2006, in Brown, 2006-Ohio-1393 , ¶ 21- 26 (6th Dist.).

2022The latter exists when “a person confines another intentionally ‘without lawful privilege and against his consent within a limited area for any appreciable time, however short.’ ” Bennett v. Ohio Dept. of Rehab. & Corr., 60 Ohio St.3d 107, 109 , 573 N.E.2 633 (1991), quoting Harper & James, The Law of Torts, Section 3.7, at 226 (1956).

2022In the second step, the claimant " 'must file a civil action against the state, in the Court of Claims, to recover a sum of money.' " Id., quoting Griffith at paragraph two of the syllabus. {¶ 9} Additionally, R.C. 2305.02 sets forth the jurisdictional requirements of a wrongful imprisonment claim.

2015The appellate court later denied Johnston’s application for en banc consideration and his motion to certify a conflict, and it declined to consider the state’s contention that the wrongful imprisonment claim also failed based on our newly released decision in Mansaray v. State, 138 Ohio St.3d 277 , 2014-Ohio-750 , 6 N.E.3d 35 . {¶ 12} We accepted Johnston’s discretionary appeal on one proposition of law: “THE DIVIDED COURT IN THE TENTH DISTRICT ERRED WHEN IT, FOR THE FIRST TIME, HELD IN DIRECT CONTRAVENTION OF THE EXPRESS WISHES OF THE OHIO GENERAL ASSEMBLY, THAT THE 2003 AMENDMENTS TO R.C. 27

2015The appellate court later denied Johnston’s application for en banc consideration and his motion to certify a conflict, and it declined to consider the state’s contention that the wrongful imprisonment claim also failed based on our newly released decision in Mansaray v. State, 138 Ohio St.3d 277 , 2014-Ohio-750 , 6 N.E.3d 35 . {¶ 12} We accepted Johnston’s discretionary appeal on one proposition of law: “THE DIVIDED COURT IN THE TENTH DISTRICT ERRED WHEN IT, FOR THE FIRST TIME, HELD IN DIRECT CONTRAVENTION OF THE EXPRESS WISHES OF THE OHIO GENERAL ASSEMBLY, THAT THE 2003 AMENDMENTS TO R.C. 27

2014As support, the dissent cites to this court's decision in Nelson v. State, 183 Ohio App.3d 83 , 2009-Ohio-3231 (10th Dist.), which concerned the jurisdiction of the court of claims to adjudicate a former inmate's wrongful imprisonment claim in a circumstance in which the state admitted the former inmate was a wrongfully imprisoned individual.

2014As support, the dissent cites to this court's decision in Nelson v. State, 183 Ohio App.3d 83 , 2009-Ohio-3231 (10th Dist.), which concerned the jurisdiction of the court of claims to adjudicate a former inmate's wrongful imprisonment claim in a circumstance in which the state admitted the former inmate was a wrongfully imprisoned individual.

2012For that reason, the “requirement that ‘no criminal proceeding * * * can be brought * * * against an individual for any act associated with that conviction’ is of critical importance.” Id. {¶19} Gover filed a wrongful imprisonment claim after his safecracking conviction was reversed.

2002We note, however, that Independence leases the property from Ohio Bulk, and Ohio Bulk owned the property at the time of the city's action for zoning violations on the property in Palladino . 4 To succeed on a wrongful imprisonment claim under the statutes at issue in Walden , one element the plaintiff had to prove was that "the offense of which he was found guilty * * * either was not committed by him or was not committed by any person." Walden , 47 Ohio St.3d at 49 -50 .