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STATE EX REL. BRUNI v. LEONARD

No. 97-1426.

80 Ohio St.3d 475 (1997)

THE STATE EX REL. BRUNI, APPELLANT, v. LEONARD, WARDEN, APPELLEE.

Supreme Court of Ohio.

Decided December 31, 1997.

Attorney(s) appearing for the Case

Joseph R. Bruni, pro se.

Betty D. Montgomery, Attorney General, and Brian M. Zets, Assistant Attorney General, for appellee.

Per Curiam.

Bruni asserts in his propositions of law that the court of appeals erred in granting Leonard's Civ.R. 12(B)(6) motion and dismissing his complaint. For the following reasons, Bruni's assertions are meritless.

First, Bruni possessed an adequate legal remedy by way of a federal civil rights action under Section 1983, Title 42, U.S.Code, to raise his Eighth Amendment claim. State ex rel. Peeples v. Anderson (1995),

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