Davis v. State of Ohio, Cuyahoga County Common Pleas Case No. CV96-312322
November 12, 1996
plaintiff's filing, motion to dismiss, wrongful imprisonment, laches, statute of limitations, jurisdiction
Accordingly, the various arguments advanced by the Defendant such as "!aches," statute of limitations, abatement at death, and standing are completely inappropriate as this Court has no jurisdiction to entertain such defenses. As stated above, the proceeding before this Court is not one for relief, but for a special and narrow determination based upon specifically designated factual, not procedural, findings pursuant to Ohio Revised Code §2743.48(A)(1) to (4).
The action against the State specified in Ohio Revised Code §2973.48 does not accrue until the court of common pleas issues a determination that an individual has been wrongfully imprisoned. Then, according to section (H) the claimant "shall commence a civil action no later than two years after the date of entry of the determination ... "
An action pursuant to ORC 2743.48 does not abate at death, but survives the death of the claimant.
The motion to dismiss was denied on 01/13/97. See Court Docket.
Gilbert, Terry H., "Plaintiff's Brief in Response to Defendant's Motion to Dismiss" (1996). 1995-2002 Court Filings. 121.