SWALLEY v. STATE

No. 2012-A-0026.

2012 Ohio 5931

TERRY SWALLEY, Plaintiff-Appellant, v. THE STATE OF OHIO, Defendant-Appellee.

Court of Appeals of Ohio, Eleventh District, Ashtabula County.

December 17, 2012.


Attorney(s) appearing for the Case

Ariana E. Tarighati , Law Offices of Ariana E. Tarighati, L.P.A., 34 South Chestnut Street, #100, Jefferson, OH 44047 (For Plaintiff-Appellant).

Thomas L. Sartini , Ashtabula County Prosecutor, and Rebecca K. Divoky , Assistant Prosecutor, Ashtabula County Courthouse, 25 West Jefferson Street, Jefferson, OH 44047 (For Defendant-Appellee).


OPINION

DIANE V. GRENDELL, J.

{¶1} Plaintiff-appellant, Terry Swalley, appeals the Judgment Entry of the Ashtabula County Court of Common Pleas, granting summary judgment in favor of defendant-appellee, State of Ohio, on his claim for wrongful imprisonment. The issue before this court is whether an affidavit, asserting the claimant's innocence, is sufficient to defeat an unsupported motion for summary judgment, in the context of a wrongful...

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