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OTTE v. STATE

No. 106204.

96 N.E.3d 1288 (2017)

2017-Ohio-7568

Gary OTTE, Plaintiff-Appellant v. STATE of Ohio, Defendant-Appellee.

Court of Appeals of Ohio, Eighth District, Cuyahoga County.

Released and Journalized: September 12, 2017.

Attorney(s) appearing for the Case

Stephen C. Newman , Federal Public Defender, BY: Alan C. Rossman , Sharon A. Hicks , Joseph E. Wilhelm , Assistant Federal Public Defenders, 1660 West Second Street, Suite 750, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLANTS.

Michael C. O'Malley , Cuyahoga County Prosecutor, BY: Christopher Schroeder , Assistant Prosecuting Attorney, The Justice Center, 8th Floor, 1200 Ontario Street, Cleveland, Ohio 44113, ATTORNEYS FOR APPELLEES.

BEFORE: E.T. Gallagher, J., Keough, A.J., and McCormack, J.

JOURNAL ENTRY AND OPINION

{¶ 1} Plaintiff-appellant, Gary Otte, appeals the dismissal of his complaint for declaratory judgment and claims the following error:

The trial court erred when it ruled that appellant's Eighth Amendment claim is not justiciable as a complaint for declaratory...

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