Ohio Revised Code

Ohio Rev. Code § 2969.21 (2026)

Civil actions by inmate against governmental entity or employee definitions

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As used in sections 2969.21 to 2969.27 of the Revised Code:

(A) "Clerk" means the elected or appointed clerk of any court in this state, except the court of claims or the supreme court, in which an inmate has commenced a civil action against a government entity or employee or has filed an appeal of the judgment or order in a civil action of that nature.

(B)(1) "Civil action or appeal against a government entity or employee" means any of the following:

(a) A civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in a court of common pleas, court of appeals, county court, or municipal court;

(b) An appeal of the judgment or order in a civil action of the type described in division (B)(1)(a) of this section that an inmate files in a court of appeals.

(2) "Civil action or appeal against a governmental entity or employee" does not include any civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in the court of claims or the supreme court or an appeal of the judgment or order entered by the court of claims in a civil action of that nature, that an inmate files in a court of appeals or the supreme court.

(C) "Employee" means an officer or employee of the state or of a political subdivision who is acting under color of state law.

(D) "Inmate" means a person who is in actual confinement in a state correctional institution or in a county, multicounty, municipal, municipal-county, or multicounty-municipal jail or workhouse or a releasee who is serving a sanction in a violation sanction center.

(E) "Inmate account" means an account maintained by the department of rehabilitation and correction under rules adopted by the director of rehabilitation and correction pursuant to section 5120.01 of the Revised Code or a similar account maintained by a sheriff or any other administrator of a jail or workhouse or by the administrator of a violation sanction center.

(F) "Political subdivision" means a county, township, city, or village; the office of an elected officer of a county, township, city, or village; or a department, board, office, commission, agency, institution, or other instrumentality of a county, township, city, or village.

(G) "State" has the same meaning as in section 2743.01 of the Revised Code.

(H) "State correctional institution" has the same meaning as in section 2967.01 of the Revised Code.

(I) "Violation sanction center" means a prison that houses releasees who have violated a post-release control sanction or the terms and conditions of parole or of a conditional pardon and that is operated pursuant to section 2967.141 of the Revised Code.

Notes of Decisions
Cited in 151 cases (89 in the last 5 years), 1997–2026 · leading case: Fuqua v. Williams, 797 N.E.2d 982 (Ohio 2003).
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Fuqua v. Williams, 797 N.E.2d 982 (Ohio 2003). · cites it 5× “The provisions in R.C. 2969.21 through 2969.27 were enacted as part of Sub.”
In re Robinson, 292 B.R. 599 (Bankr. S.D. Ohio 2003). · cites it 4× “66(A)(12)(c) of the Ohio Revised Code provides: Except in cases in which the person who receives the payment is an inmate, as defined in section 2969.21 of the Revised Code, and in which the payment resulted from a civil action or appeal against a government entity or employee,…”
State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. (Slip Opinion), 2019-Ohio-1271, 128 N.E.3d 193. “" R.C. 2969.21(B)(1)(a). Because this action originated in the court of appeals, it is subject to the terms of R.”
State ex rel. Ware v. Ohio Dept. of Rehab. & Corr., 2024-Ohio-1015, 238 N.E.3d 70. · cites it 2× “See id; R.C. 2969.21(B)(1)(a). So one has to wonder: Does 21 SUPREME COURT OF OHIO Ware claim indigent status in this court, but not in the courts of appeals, because he may do so here without providing an affidavit showing the balance of his inmate account? {¶ 63} Ware has made…”
DeVore v. Black (Slip Opinion), 2021-Ohio-3153, 185 N.E.3d 1025. · cites it 3× “” R.C. 2969.21(B)(1)(a) defines the phrase “civil action or appeal against a government entity or employee” to include a “civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in a court of common…”
State ex rel. McDougald v. Greene., 2018-Ohio-4200, 120 N.E.3d 779. · cites it 2× “" That phrase is defined in R.C. 2969.21(B) as follows: (1) "Civil action or appeal against a government entity or employee" means any of the following: (a) A civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a…”
Hayes v. Baldwin, 2024-Ohio-2343. · cites it 9× “See Fuqua at paragraph one of the syllabus (“A habeas corpus action is a civil action and therefore the provisions of R.C. 2969.21 through 2969.27 are applicable to such action.”
State ex rel. Evans v. Tieman (Slip Opinion), 2019-Ohio-2411. · cites it 2× “Those rules impose no special filing requirements on inmates seeking writs of mandamus.”
State ex rel. McGrath v. McDonnell, 2010-Ohio-4726, 935 N.E.2d 830. “25 applies to his mandamus complaint because he is an inmate, 1 and his mandamus case is a *512 civil case for purposes of R.C. 2969.21(B)(1)(a), which addresses inmate actions against government entities.”
Hawkins v. S. Ohio Corr. Facility, 809 N.E.2d 1145 (Ohio 2004). “2d 982 , syllabus (“A habeas corpus action is a civil action and therefore the provisions of R.C. 2969.21 through 2969.27 are applicable to such action”).”
State ex rel. Swain v. Adult Parole Auth. (Slip Opinion), 2017-Ohio-9175, 90 N.E.3d 936. “See also R.C. 2969.21(B). R.C. 2969.25(C) requires an inmate seeking a waiver of the applicable filing fee to submit with his complaint an affidavit of indigency and “[a] statement that sets forth the balance in the inmate account of the inmate for each of the preceding six…”
State ex rel. Berry v. Booth, 2024-Ohio-5774, 262 N.E.3d 314. · cites it 2× “R.C. 2969.21(B)(2); State ex rel. McDougald v.”
Show all 151 citing cases →
Ohio Rev. Code § 2969.21(B): 9 cases
State ex rel. Swain v. Adult Parole Auth. (Slip Opinion), 2017-Ohio-9175, 90 N.E.3d 936. “See also R.C. 2969.21(B). R.C. 2969.25(C) requires an inmate seeking a waiver of the applicable filing fee to submit with his complaint an affidavit of indigency and “[a] statement that sets forth the balance in the inmate account of the inmate for each of the preceding six…”
State ex rel. McDougald v. Greene., 2018-Ohio-4200, 120 N.E.3d 779. “" That phrase is defined in R.C. 2969.21(B) as follows: (1) "Civil action or appeal against a government entity or employee" means any of the following: (a) A civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a…”
Hayes v. Baldwin, 2024-Ohio-2343. “See Fuqua at paragraph one of the syllabus (“A habeas corpus action is a civil action and therefore the provisions of R.C. 2969.21 through 2969.27 are applicable to such action.”
State ex rel. Sherrills v. Clerk of Courts, 750 N.E.2d 594 (Ohio 2001).
State ex rel. Sherrills v. Franklin Cty. Clerk of Courts, 92 Ohio St. 3d 402 (2001).
Ohio Rev. Code § 2969.21(B)(1): 5 cases
State ex rel. Bey v. Loomis (Slip Opinion), 2021-Ohio-2066, 178 N.E.3d 468.
State ex rel. Rush v. Ohio State Emp. Relations Bd., 2024-Ohio-5787.
State ex rel. Williams v. Ohio Adult Parole Auth., 2025-Ohio-1939.
State ex rel. Robinson v. Chambers-Smith, 2024-Ohio-2347, 246 N.E.3d 618.
State ex rel. Dews v. Dept. of Rehab. & Corr., 2024-Ohio-3259.
Ohio Rev. Code § 2969.21(B)(1)(a): 15 cases
State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. (Slip Opinion), 2019-Ohio-1271, 128 N.E.3d 193. “" R.C. 2969.21(B)(1)(a). Because this action originated in the court of appeals, it is subject to the terms of R.”
State ex rel. Ware v. Ohio Dept. of Rehab. & Corr., 2024-Ohio-1015, 238 N.E.3d 70. “See id; R.C. 2969.21(B)(1)(a). So one has to wonder: Does 21 SUPREME COURT OF OHIO Ware claim indigent status in this court, but not in the courts of appeals, because he may do so here without providing an affidavit showing the balance of his inmate account? {¶ 63} Ware has made…”
DeVore v. Black (Slip Opinion), 2021-Ohio-3153, 185 N.E.3d 1025. “” R.C. 2969.21(B)(1)(a) defines the phrase “civil action or appeal against a government entity or employee” to include a “civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in a court of common…”
State ex rel. McGrath v. McDonnell, 2010-Ohio-4726, 935 N.E.2d 830. “25 applies to his mandamus complaint because he is an inmate, 1 and his mandamus case is a *512 civil case for purposes of R.C. 2969.21(B)(1)(a), which addresses inmate actions against government entities.”
State ex rel. Evans v. Tieman (Slip Opinion), 2019-Ohio-2411. “Those rules impose no special filing requirements on inmates seeking writs of mandamus.”
Ohio Rev. Code § 2969.21(B)(2): 12 cases
State ex rel. McDougald v. Greene., 2018-Ohio-4200, 120 N.E.3d 779. “" That phrase is defined in R.C. 2969.21(B) as follows: (1) "Civil action or appeal against a government entity or employee" means any of the following: (a) A civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a…”
State ex rel. Berry v. Booth, 2024-Ohio-5774, 262 N.E.3d 314. “R.C. 2969.21(B)(2); State ex rel. McDougald v.”
State ex rel. Evans v. Tieman (Slip Opinion), 2019-Ohio-2411. “Those rules impose no special filing requirements on inmates seeking writs of mandamus.”
DeVore v. Black (Slip Opinion), 2021-Ohio-3153, 185 N.E.3d 1025. “” R.C. 2969.21(B)(1)(a) defines the phrase “civil action or appeal against a government entity or employee” to include a “civil action that an inmate commences against the state, a political subdivision, or an employee of the state or a political subdivision in a court of common…”
State ex rel. Martin v. Greene., 2018-Ohio-4201, 120 N.E.3d 783.
Ohio Rev. Code § 2969.21(C): 88 cases
State of Ohio ex rel. Cleavenger v. O'Brien, 2020-Ohio-3010.
State ex rel. Guyton v. Jones, 2021-Ohio-430.
Stewart v. Corrigan, 97 Ohio St. 3d 80 (2002).
State ex rel. Gordon v. Summit Cty. Court of Common Pleas, 2023-Ohio-4107.
Stewart v. Corrigan, 2002-Ohio-5316, 97 Ohio St. 3d 80.
Ohio Rev. Code § 2969.21(C)(1): 1 case
State ex rel. Yantis v. Dept. of Rehab. & Corr., 2017-Ohio-8590.
Ohio Rev. Code § 2969.21(D): 9 cases
Hayes v. Baldwin, 2024-Ohio-2343. “See Fuqua at paragraph one of the syllabus (“A habeas corpus action is a civil action and therefore the provisions of R.C. 2969.21 through 2969.27 are applicable to such action.”
State ex rel. McGrath v. Ohio Adult Parole Auth., 100 Ohio St. 3d 72 (2003).
State ex rel. Ware v. Ferrero, 2019-Ohio-3849.
Perry v. Sweeney, 2020-Ohio-119.
State ex rel. Wright v. Callahan, 2025-Ohio-2762.
Ohio Rev. Code § 2969.21(E): 10 cases
State ex rel. Sajn v. Vogel, 2024-Ohio-1552.
State ex rel. Robinson v. Page, 2024-Ohio-4468, 253 N.E.3d 696.
State ex rel. Rush v. Ohio State Emp. Relations Bd., 2024-Ohio-5787.
Hayes v. Baldwin, 2024-Ohio-928.
State ex rel. Stevens v. Hoying, 2024-Ohio-1999.
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