STATE EX REL. JONES v. SUSTER

No. 97-1231.

84 Ohio St.3d 70 (1998)

THE STATE EX REL. TUBBS JONES, PROS. ATTY., v. SUSTER, JUDGE, ET AL.

Supreme Court of Ohio.

Decided December 2, 1998.


Attorney(s) appearing for the Case

Stephanie Tubbs Jones, Cuyahoga County Prosecuting Attorney, George J. Sadd and Marilyn B. Cassidy, Assistant Prosecuting Attorneys, for relator.

Gold, Rotatori & Schwartz Co., L.P.A., Niki Z. Schwartz, Richard L. Stoper, Jr., and Jennifer E. Schwartz, for respondents.

Friedman & Gilbert and Terry H. Gilbert, urging denial of the writ for amicus curiae, Alan Davis, special administrator of the estate of Samuel H. Sheppard.


LUNDBERG STRATTON, J.

The Ohio Revised Code provides a two-step process whereby a person claiming wrongful imprisonment may sue the state of Ohio for damages incurred due to the alleged wrongful imprisonment. Walden v. State (1989), 47 Ohio St.3d 47, 49, 547 N.E.2d 962, 964. The first action, in the common pleas court under R.C. 2305.02, seeks a preliminary factual determination of wrongful imprisonment...

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