Bishop v. Ohio Dept. of Rehab. & Corr.

Ohio Court of Appeals·Decided August 27, 2026·No. 25AP-671·Published

Opinion

IN THE COURT OF APPEALS OF OHIO

TENTH APPELLATE DISTRICT

James K. Bishop, :

Plaintiff-Appellant, :

No. 25AP-671

v. : (Ct. of Cl. No. 2025-00495JD)

Ohio Department of : (REGULAR CALENDAR) Rehabilitation and Correction, :

Defendant-Appellee.

:

D E C I S I O N

Rendered on August 27, 2026

On brief: James K. Bishop, pro se.

On brief: [Andy Wilson], Attorney General, Lindsey M. Grant, and Camryn E. Hughes, for appellee.

APPEAL from the Court of Claims of Ohio

DORRIAN, J.

{¶ 1} Plaintiff-appellant, James K. Bishop, appeals pro se from an order of the Court of Claims of Ohio granting a partial motion to dismiss and a motion to transfer to the administrative docket filed by defendant-appellee, Ohio Department of Rehabilitation and Correction (“ODRC”). For the following reasons, we reverse in part and remand. I. Facts and Procedural History

{¶ 2} Bishop is confined at Noble Correctional Institution. On May 16, 2025, Bishop filed a pro se complaint in the Court of Claims of Ohio asserting claims against the director of ODRC and the warden and other employees of Noble Correctional Institution for negligence, malicious prosecution, and abuse of process. Bishop alleged he was placed in segregation on two occasions in March 2025 for violating institutional rules. Bishop

claimed the conduct reports filed against him for violating institutional rules were unjustified and malicious. Bishop asserted that while he was in segregation certain items of his property were lost or stolen due to negligence of the corrections officers. Bishop sought compensatory damages of $217,228.09, punitive damages, reversal and removal of the conduct reports that resulted in placement in segregation, a declaration that certain prison regulations were unconstitutional, an injunction prohibiting enforcement of those regulations, and attorney fees and costs. Bishop attached to his complaint an itemized list of the allegedly lost or stolen property. As relevant to this appeal, the list included six photographs that were indicated as being irreplaceable. Bishop placed a total value of $217,000 on the six photographs, itemized as $17,000 for one photograph of his girlfriend, $100,000 for two photographs of Bishop with his deceased brother, and $100,000 for three photographs of Bishop with his grandchildren. Along with his complaint, Bishop moved for appointment of counsel.

{¶ 3} On June 20, 2025, ODRC filed a partial motion to dismiss, arguing that Bishop’s malicious prosecution and abuse of process claims were based on decisions of the Rules Infraction Board and that the Court of Claims lacked jurisdiction over such decisions. ODRC asserted it was entitled to immunity for any claims arising from alleged violations of its internal policies or procedures. ODRC also argued the Court of Claims lacked jurisdiction over any claims for violations of Bishop’s constitutional rights.

{¶ 4} Also on June 20, 2025, ODRC moved to transfer Bishop’s negligence claims related to his lost or stolen property to the court’s administrative docket, asserting that the total value of the alleged lost property was less than the threshold amount set forth in R.C. 2743.10. Bishop filed a memorandum in opposition to the motion to transfer, arguing that his lost photographs had a value of hundreds of thousands of dollars if sold to a magazine or millions of dollars if sold as artwork. Bishop further argued that the photographs with his deceased brother were the only existing copies and therefore could not be assessed based on market value because they were irreplaceable.

{¶ 5} On June 23, 2025, Bishop filed a motion for default judgment, alleging that as of June 18, 2025, ODRC had failed to defend or otherwise appear in the action.

{¶ 6} The Court of Claims issued an order on July 25, 2025, addressing the pending motions. The court denied Bishop’s motion for appointment of counsel, concluding he was

not entitled to appointed counsel because he filed a civil claim seeking monetary damages and had not alleged a threat by the state to take his life, liberty, or property. The court also denied Bishop’s motion for default judgment, concluding that ODRC had timely filed its motion to dismiss and motion to transfer based on the date of service of the complaint and the existence of a legal holiday during the time for ODRC’s response. The court granted ODRC’s partial motion to dismiss, ruling that it lacked subject-matter jurisdiction over claims related to the decision to place Bishop in segregation or violations of Bishop’s constitutional rights. The court further concluded ODRC was entitled to discretionary immunity for claims challenging the internal policies and procedures that resulted in Bishop being sent to segregation.

{¶ 7} The court also granted ODRC’s motion to transfer Bishop’s negligence claims to the court’s administrative docket. The court acknowledged Bishop’s assertion that the six lost photographs had a total value to him of $217,000 but concluded he failed to demonstrate exceptional circumstances that warranted departing from the standard of market value as the measure of property loss. The court asserted that it would not speculate as to the specific market value of the lost photographs but held that “accepting the allegations of the Complaint as true, the total amount in controversy for the alleged loss of personal property cannot be more than $10,000, as a matter of law.”1 (July 25, 2025 Entry at 8-9.) Based on its conclusion that Bishop’s damages could not exceed $10,000, the court transferred Bishop’s negligence claims to the court’s administrative docket. II. Assignments of Error

{¶ 8} Bishop appeals and assigns the following three assignments of error for our review:

1 The court’s references to accepting the allegations of the complaint as true and reaching a conclusion as a

matter of law suggest the court may have been borrowing elements from the standards applicable to other types of motions to create a hybrid test for granting a motion to transfer. For example, when assessing a motion to dismiss under Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted, a court must accept all factual allegations of a complaint as true and draw all reasonable inferences in favor of the non-moving party. See Mobley v. Supreme Court of Ohio, 2021-Ohio-391, ¶ 8 (10th Dist.). When considering whether to grant a motion for summary judgment under Civ.R. 56, a court must determine whether the moving party is entitled to judgment as a matter of law. See Hernandez v. Ohio Dept. of Rehab. & Corr., 2017- Ohio-8646, ¶ 12 (10th Dist.). Yet, ODRC did not file a motion to dismiss or a motion for summary judgment. Rather, ODRC filed a motion to transfer, and our analysis focuses on a motion to transfer alone. Our analysis and conclusion does not, however, prohibit the Court of Claims from considering, pursuant to Civ.R. 12 and 56 and any other applicable Civil Rule, motions to dismiss and motions for summary judgment.

[I.] THE TRIAL COURT ABUSED ITS DISCRETION, BY FALSELY CLAIMING THAT “THE LOSS OF PHOTOGRAPHS WITH FAMILY MEMBERS IS INHERENTLY SENTIMENTAL.

[II.] THE TRIAL COURT ABUSED ITS DISCRETION WHEN IT TRANSFERRED THIS ACTION FOR ADMINISTRATIVE REVIEW, CLAIMING THAT THE FAIR MARKET VALUE IS LESS THAN $10,000.00. EACH VIOLATED DUE PROCESS OF LAW AND THE LACK OF PROPER VENUE DEPRIVED THE CLERK OF JURISDICTION OVER THE MATTER AND MADE THE JUDGMENT VOID.

[III.] “WHETHER; THE TRIAL COURT ERRED AS A MATTER OF LAW AND ABUSED ITS DISCRETION IN IGNORING THE CIVIL RULES AND OHIO STATUTES BY PURPORTING TO SET THIS CASE FOR AN ADMINISTRATIVE REVIEW. EACH VIOLATED DUE PROCESS OF LAW AND THE LACK OF PROPER VENUE DEPRIVES THE CLERK OF JURISDICTION OVER THE MATTER AND MADE THE JUDGMENT VOID.

(Sic passim.) III. Discussion

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