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Ohio Awards $1,402.92 Award For 11 Days False Imprisonment
by Michael Rigby
An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004.
On September 14, 1999, plaintiff Glen Wilson was sentenced to two years in prison and up to 3 years of post-release control. Wilson appealed his sentence, and on January 11, 2000, he was released on an appeal bond. On January 9, 2001, the Eighth District Court of Appeals affirmed Wilson's conviction and he was reimprisoned.
After a number of adjustments regarding credits for jail time and transportation time, prison officials calculated a release date of September 2, 2002. In April 2002, Wilson was transferred to the Harbor Light halfway house in Cleveland to complete his sentence. However, due to miscommunication between the Ohio Department of Rehabilitation and Correction (DORC) and the state Adult Parole Authority (APA), Wilson was not released until September 5, 2002.
Wilson sued the DRC and APA, pro se, claiming they were liable for false imprisonment because DRC improperly calculated his release date and APA held him in custody beyond that date." Under Ohio law, False imprisonment occurs when a person confines another intentionally without lawful privilege and against his consent within a limited area for any appreciable time, however short.'
At trial, the magistrate concluded that DRC failed to include 8 days of credit for transportation time--pursuant to a June 28, 2002, entry by the court of common pleas--when calculating Wilson's September 2, 2002 release date. The magistrate further acknowledged that although Wilson's calculated release date was September 2, 2002, he was held at the halfway house until September 5, 2003. Thus, the magistrate concluded that Wilson was imprisoned a total of 11 days beyond his lawful term.
The magistrate next noted that Wilson did not qualify for damages under R.C. 2743.48 because he was not a wrongfully imprisoned individual within the meaning of the statute" However, because Wilson had been falsely imprisoned, the court used this statute as a guideline. After reducing the amount of compensation authorized under R.C. 2743.48 by 50%, the magistrate determined Wilson was entitled to compensation in the amount of $1,214.52 for the 11 days he was falsely imprisoned.
Wilson also contended that he had been employed making $6.50 an hour while at the halfway house, but that he had not been permitted to work during his last three days there. Wilson testified that he could have worked 25 hours in that time. Based on this, the magistrate further found that Wilson was entitled to $162.50 for lost wages.
Accordingly, the magistrate recommended that Wilson be awarded a total of $1,402.92, which includes the $25 filing fee. (The 90 cent discrepancy was unexplained.) See: Wilson v. Ohio, 2004 Ohio 5922 (OH 2004). The recommendation was later adopted in full by the court of claims. See: Wilson v. Ohio Dept. of Rehabilitation, 2004 Ohio 7297, 2004 Ohio Misc. LEXIS 695.
An Ohio prisoner should be awarded $1,402.92 for 11 days of false imprisonment, a magistrate recommended to the Ohio Court of Claims on October 21, 2004.
On September 14, 1999, plaintiff Glen Wilson was sentenced to two years in prison and up to 3 years of post-release control. Wilson appealed his sentence, and on January 11, 2000, he was released on an appeal bond. On January 9, 2001, the Eighth District Court of Appeals affirmed Wilson's conviction and he was reimprisoned.
After a number of adjustments regarding credits for jail time and transportation time, prison officials calculated a release date of September 2, 2002. In April 2002, Wilson was transferred to the Harbor Light halfway house in Cleveland to complete his sentence. However, due to miscommunication between the Ohio Department of Rehabilitation and Correction (DORC) and the state Adult Parole Authority (APA), Wilson was not released until September 5, 2002.
Wilson sued the DRC and APA, pro se, claiming they were liable for false imprisonment because DRC improperly calculated his release date and APA held him in custody beyond that date." Under Ohio law, False imprisonment occurs when a person confines another intentionally without lawful privilege and against his consent within a limited area for any appreciable time, however short.'
At trial, the magistrate concluded that DRC failed to include 8 days of credit for transportation time--pursuant to a June 28, 2002, entry by the court of common pleas--when calculating Wilson's September 2, 2002 release date. The magistrate further acknowledged that although Wilson's calculated release date was September 2, 2002, he was held at the halfway house until September 5, 2003. Thus, the magistrate concluded that Wilson was imprisoned a total of 11 days beyond his lawful term.
The magistrate next noted that Wilson did not qualify for damages under R.C. 2743.48 because he was not a wrongfully imprisoned individual within the meaning of the statute" However, because Wilson had been falsely imprisoned, the court used this statute as a guideline. After reducing the amount of compensation authorized under R.C. 2743.48 by 50%, the magistrate determined Wilson was entitled to compensation in the amount of $1,214.52 for the 11 days he was falsely imprisoned.
Wilson also contended that he had been employed making $6.50 an hour while at the halfway house, but that he had not been permitted to work during his last three days there. Wilson testified that he could have worked 25 hours in that time. Based on this, the magistrate further found that Wilson was entitled to $162.50 for lost wages.
Accordingly, the magistrate recommended that Wilson be awarded a total of $1,402.92, which includes the $25 filing fee. (The 90 cent discrepancy was unexplained.) See: Wilson v. Ohio, 2004 Ohio 5922 (OH 2004). The recommendation was later adopted in full by the court of claims. See: Wilson v. Ohio Dept. of Rehabilitation, 2004 Ohio 7297, 2004 Ohio Misc. LEXIS 695.
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Related legal case
Wilson v. Ohio Dept. of Rehabilitation
| Year | 2004 |
|---|---|
| Cite | 2004 Ohio 7297, 2004 Ohio Misc. LEXIS 695. |
| Level | State Trial Court |
| Conclusion | Bench Verdict |
| Attorney Fees | 0 |
| Damages | 1402 |
| Injunction Status | N/A |
Not Reported in N.E.2d, 2004-Ohio-7297
CHECK OHIO SUPREME COURT RULES FOR REPORTING OF OPINIONS AND WEIGHT OF LEGAL AUTHORITY.
Court of Claims of Ohio.
Glen WILSON Plaintiff
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al. Defendants.
No. 2003-04406.
Decided Dec. 3, 2004.
Glen Wilson, Lorain, Ohio, Plaintiff, pro se.
Karl W. Schedler, Assistant Attorney General, Columbus, Ohio, for Defendants.
JUDGMENT ENTRY
CLARK, J.
*1 {¶ 1} This case was tried to a magistrate of the court. On October 21, 2004, the magistrate issued a decision recommending judgment for plaintiff in the amount of $1,402.92.
{¶ 2} Civ.R. 53(E)(3)(a) states: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, regardless of whether the court has adopted the decision pursuant to Civ.R. 53(E)(4)(c). * * * " No objections were filed in this matter.
{¶ 3} Upon review, the court determines that there is no error of law or other defect on the face of the magistrate's decision. Therefore, the court adopts the magistrate's decision and recommendation as its own, including the findings of fact and conclusions of law contained therein.
{¶ 4} Judgment is rendered for plaintiff in the amount of $1,402.92 which includes the filing fee paid by plaintiff. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
Not Reported in N.E.2d, 2004-Ohio-7297
END OF DOCUMENT
CHECK OHIO SUPREME COURT RULES FOR REPORTING OF OPINIONS AND WEIGHT OF LEGAL AUTHORITY.
Court of Claims of Ohio.
Glen WILSON Plaintiff
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, et al. Defendants.
No. 2003-04406.
Decided Dec. 3, 2004.
Glen Wilson, Lorain, Ohio, Plaintiff, pro se.
Karl W. Schedler, Assistant Attorney General, Columbus, Ohio, for Defendants.
JUDGMENT ENTRY
CLARK, J.
*1 {¶ 1} This case was tried to a magistrate of the court. On October 21, 2004, the magistrate issued a decision recommending judgment for plaintiff in the amount of $1,402.92.
{¶ 2} Civ.R. 53(E)(3)(a) states: "A party may file written objections to a magistrate's decision within fourteen days of the filing of the decision, regardless of whether the court has adopted the decision pursuant to Civ.R. 53(E)(4)(c). * * * " No objections were filed in this matter.
{¶ 3} Upon review, the court determines that there is no error of law or other defect on the face of the magistrate's decision. Therefore, the court adopts the magistrate's decision and recommendation as its own, including the findings of fact and conclusions of law contained therein.
{¶ 4} Judgment is rendered for plaintiff in the amount of $1,402.92 which includes the filing fee paid by plaintiff. Court costs are assessed against defendant. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
Not Reported in N.E.2d, 2004-Ohio-7297
END OF DOCUMENT