Hargrove v. Dept. of Rehab. & Corr.

2011 Ohio 7037

• Court: Ohio Court of Claims
• Decided: December 23, 2011
• Docket: 2010-10777
• Status: Published

Opinion

[Cite as Hargrove v. Dept. of Rehab. & Corr., 2011-Ohio-7037.]

Court of Claims of Ohio The Ohio Judicial Center 65 South Front Street, Third Floor Columbus, OH 43215 614.387.9800 or 1.800.824.8263 www.cco.state.oh.us

JUDAH HARGROVE

Plaintiff

v.

DEPARTMENT OF REHABILITATION AND CORRECTION

Defendant

Case No. 2010-10777

Judge Joseph T. Clark Magistrate Matthew C. Rambo

JUDGMENT ENTRY

{¶1} On December 23, 2011, the magistrate issued a decision recommending judgment for defendant. The magistrate also recommended that the court issue a determination that Shannon Armstrong is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over any civil actions that may be filed against her based upon the allegations in this case. {¶2} Civ.R. 53(D)(3)(b)(i) states, in part: “A party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision, whether or not the court has adopted the decision during that fourteen-day period as permitted by Civ.R. 53(D)(4)(e)(i).” {¶3} Civ.R. 53(D)(4)(e)(i) provides: “The court may enter a judgment either during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections to a magistrate’s decision or after the fourteen days have expired. If the court enters a judgment during the fourteen days permitted by Civ.R. 53(D)(3)(b)(i) for the filing of objections, the timely filing of objections to the magistrate’s decision shall operate as an Case No. 2010-10777 -2- ENTRY

automatic stay of execution of the judgment until the court disposes of those objections and vacates, modifies, or adheres to the judgment previously entered.” {¶4} The court determines that there is no error of law or other defect evident on the face of the magistrate’s decision. Therefore, the court adopts the magistrate’s decision and recommendation as its own, including findings of fact and conclusions of law contained therein. Judgment is rendered in favor of defendant. In addition, the court determines that Shannon Armstrong is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over any civil actions that may be filed against her based upon the allegations in this case. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.

_____________________________________ JOSEPH T. CLARK Judge

cc:

Ashley L. Oliker Judah Hargrove Stephanie D. Pestello-Sharf 5704 Winton Road Velda K. Hofacker Fairfield, Ohio 45014 Assistant Attorneys General 150 East Gay Street, 18th Floor Columbus, Ohio 43215-3130

MCR/dms Filed December 23, 2011 To S.C. reporter March 20, 2012