State ex rel. Ferguson v. Court of Claims

786 N.E.2d 43, 98 Ohio St. 3d 399
CourtOhio Supreme Court
DecidedApril 16, 2003
DocketNo. 2002-1724
StatusPublished
Cited by25 cases

This text of 786 N.E.2d 43 (State ex rel. Ferguson v. Court of Claims) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Ferguson v. Court of Claims, 786 N.E.2d 43, 98 Ohio St. 3d 399 (Ohio 2003).

Opinion

Per Curiam.

{¶ 1} On November 20, 1999, appellant, John Ferguson, was the victim of á criminal assault in Wood County, Ohio. On January 18, 2000, Ferguson applied for a reparations award under the Victims of Crime Act, R.C. 2743.51 et seq.

{¶ 2} Following an investigation, appellee Ohio Attorney General recommended that Ferguson’s application be denied under R.C. 2743.60(E) because he had engaged in felonious conduct within ten years prior to the criminally injurious conduct that gave rise to his claim. In February 2001, a single commissioner of appellee Court of Claims of Ohio, Victims of Crime Division, denied Ferguson’s claim because of his “felonious conduct which occurred within ten years prior to the criminally injurious conduct.” The commissioner noted that on May 17, 1994, while Ferguson was being arrested for certain traffic violations, he had engaged in conduct that would have constituted a felony offense of escape:

{¶ 3} “The Attorney General’s investigation revealed that the applicant was arrested for various traffic violations on May 17, 1994. When the police tried to handcuff the applicant, he ran from the arresting officer and escaped. Pursuant to former R.C. 2921.34, escape constituted a felony of the fourth degree. However, the applicant was permitted to plead guilty to a misdemeanor count of failure to comply.”

{¶ 4} Ferguson objected to the commissioner’s decision, and in September 2001, a panel of three commissioners overruled Ferguson’s objection and affirmed the denial of Ferguson’s claim.

{¶ 5} Ferguson appealed the panel’s order, and in February 2002, appellee Court of Claims Judge Fred J. Shoemaker denied Ferguson’s claim and entered judgment for the state of Ohio. Judge Shoemaker held that Ferguson had failed to prove by a preponderance of the evidence that he was entitled to an award of reparations.

{¶ 6} On March 13, 2002, Ferguson filed a complaint for a writ of mandamus in the Court of Appeals for Franklin County. In his complaint, as subsequently amended, Ferguson sought a writ of mandamus to compel appellees, the Court of Claims of Ohio, Victims of Crime Division, Judge Shoemaker, and the Ohio Attorney General, to vacate the Court of Claims orders denying benefits to Ferguson and to pay him benefits. Appellees moved to dismiss Ferguson’s [401]*401complaint pursuant to Civ.R. 12(B)(6) for failure to state a claim upon which relief can be granted.

{¶ 7} In May 2002, a court of appeals magistrate recommended that the court of appeals grant appellees’ motion and dismiss Ferguson’s complaint. Ferguson objected to the magistrate’s decision, and on August 20, 2002, the court of appeals overruled Ferguson’s objection, adopted the magistrate’s recommendation, and denied the writ of mandamus.

{¶ 8} This cause is now before the court upon Ferguson’s appeal as of right.

Civ.R. 12(B)(6) Standard

{¶ 9} Ferguson asserts that the court of appeals erred in granting appellees’ Civ.R. 12(B)(6) motion and dismissing his mandamus complaint for failure to state a claim upon which relief can be granted. The dismissal was appropriate if, after all factual allegations of the complaint were presumed true and all reasonable inferences were made in Ferguson’s favor, it appeared beyond doubt that Ferguson could prove no set of facts warranting the requested extraordinary relief in mandamus. State ex rel. Ragozine v. Shaker, 96 Ohio St.3d 201, 2002-Ohio-3992, 772 N.E.2d 1192, ¶ 7; State ex rel. Hummel v. Sadler, 96 Ohio St.3d 84, 2002-Ohio-3605, 771 N.E.2d 853, ¶ 20.

{¶ 10} In order to be entitled to the requested extraordinary relief in mandamus, Ferguson had to establish a clear legal right to the vacation of the Court of Claims’ denial of his claim, a corresponding clear legal duty on the part of the Court of Claims, and the lack of an adequate remedy in the ordinary course of the law. State ex rel. N. Olmsted v. Cuyahoga Cty. Bd. of Elections (2001), 93 Ohio St.3d 529, 532, 757 N.E.2d 314. These requirements would have been satisfied if the Court of Claims had abused its discretion in denying his application for crime-victim reparations. State ex rel. Jenkins v. Tyack (1985), 17 Ohio St.3d 242, 17 OBR 479, 479 N.E.2d 267, syllabus; State ex rel. Bernard v. Kainrad (1986), 28 Ohio St.3d 103, 104, 28 OBR 196, 502 N.E.2d 632.1 “ ‘Abuse of discretion’ implies an unreasonable, arbitrary, or unconscionable attitude.” State ex rel. Wilke v. Hamilton Cty. Bd. of Commrs. (2000), 90 Ohio St.3d 55, 61, 734 N.E.2d 811.

{¶ 11} For the reasons that follow, dismissal was warranted because Ferguson could not establish that the Court of Claims abused its discretion in denying his crime-victim reparations claim.

[402]*402Statutory Construction

{¶ 12} The Court of Claims held that Ferguson’s claim for benefits was barred by former R.C. 2743.60(E), which applied to his claim2 and provided that no award may be granted if a preponderance of the evidence establishes that the victim or claimant engaged in felonious conduct within ten years of the criminally injurious conduct giving rise to the claim:

{¶ 13} “(E) Neither a single commissioner nor a panel of commissioners shall make an award to a claimant if any of the following applies:

{¶ 14} “* * *

{¶ 15} “(3) It is proved by a preponderance of the evidence presented to the commissioner or the panel that the victim or the claimant engaged, within ten years prior to the criminally injurious conduct that gave rise to the claim or during the pendency of the claim, in conduct that would constitute a felony under the laws of this state, another state, or the United States.” (Emphasis added.) 1996 Sub.S.B. No. 363, 146 Ohio Laws, Part III, 4371.

{¶ 16} Ferguson suggests in part that only a prior felony conviction within ten years of the criminally injurious conduct that is the basis for the claim can bar an otherwise meritorious reparations claim. In analyzing former R.C. 2743.60(E)(3), “we must first review the statutory language, reading undefined words and phrases in context and construing them in accordance with the rules of grammar and common usage.” State ex rel. Portage Lakes Edn. Assn., OEA/ NEA v. State Emp. Relations Bd., 95 Ohio St.3d 533, 2002-Ohio-2839, 769 N.E.2d 853, ¶ 36. After so construing the pertinent language, it is evident that the statute requires only “conduct that would constitute a felony” and not a felony conviction. (Emphasis added.) If the General Assembly had intended to limit this bar to reparations to convictions, it could have readily done so with the appropriate language. In fact, it did so in former R.C. 2743.60(E)(1) and (2), which both required felony convictions within the applicable ten-year period.

Police Reports

{¶ 17} Ferguson asserts that the Court of Claims abused its discretion in relying on an unsworn police report to find the former R.C. 2743.60(E)(3) bar applicable. Ferguson claims that the report was inadmissible hearsay. Fergu[403]*403son’s assertion lacks merit.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Ohio Bur. of Workers' Comp. v. Price
2023 Ohio 4395 (Ohio Court of Appeals, 2023)
Coleman v. Warren
2022 Ohio 1020 (Ohio Court of Appeals, 2022)
State ex rel. Jeffers v. Athens Cty. Commrs.
2016 Ohio 8119 (Ohio Court of Appeals, 2016)
Anderson Ex Rel. C.A. v. City of Blue Ash
798 F.3d 338 (Sixth Circuit, 2015)
Celeste Thomas v. Jennifer Myers
489 F. App'x 116 (Sixth Circuit, 2012)
Jeffers v. Athens Cty. Commrs.
2011 Ohio 675 (Ohio Court of Appeals, 2011)
State ex rel. Cordray v. Court of Claims
941 N.E.2d 93 (Ohio Court of Appeals, 2010)
5455 Clarkins Drive, Inc. v. Terry Poole
384 F. App'x 458 (Sixth Circuit, 2010)
State v. Bogan, 91657 (7-25-2008)
2008 Ohio 3797 (Ohio Court of Appeals, 2008)
Knox v. Knox, Unpublished Decision (3-10-2006)
2006 Ohio 1154 (Ohio Court of Appeals, 2006)
Knott v. Sullivan
Sixth Circuit, 2005
Diane Knott v. Mark Sullivan
418 F.3d 561 (Sixth Circuit, 2005)
State ex rel. Talwar v. State Medical Board
104 Ohio St. 3d 290 (Ohio Supreme Court, 2004)
Boone v. Spurgess
Sixth Circuit, 2004

Cite This Page — Counsel Stack

Bluebook (online)
786 N.E.2d 43, 98 Ohio St. 3d 399, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-ferguson-v-court-of-claims-ohio-2003.