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ELLIOTT v. OHIO DEPT. OF REHAB. & CORR.

No. 93API09-1268.

92 Ohio App.3d 772 (1994)

ELLIOTT, Appellee, v. OHIO DEPARTMENT OF REHABILITATION AND CORRECTION, Appellant.

Court of Appeals of Ohio, Franklin County.

Decided February 3, 1994.

Attorney(s) appearing for the Case

Richard F. Swope, for appellee.

Lee Fisher, Attorney General, and Peter E. DeMarco, Assistant Attorney General, for appellant.

TYACK, Judge.

On July 31, 1991, David Elliott filed a complaint in the Ohio Court of Claims against the Ohio Department of Rehabilitation and Correction ("ODRC"), alleging that while he was an inmate at the Chillicothe Correctional Institution, he was struck in the face without provocation or justification by corrections officer Byron Turner. Elliott alleged that Turner acted within the scope and course of his employment and that ODRC was negligent in hiring, training...

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