Boling v. Dept. of Rehab. & Corr., (Ohio 2007)
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Summary
Judgment entry on liability and civil immunity. The magistrate’s March 5, 2007, recommendation adopted. Judgment rendered in favor of defendant; Jean Wardell, William DeFeo, and Wendell Sowards are entitled to civil immunity.
Summary
Judgment entry on liability and civil immunity. The magistrate’s March 5, 2007, recommendation adopted. Judgment rendered in favor of defendant; Jean Wardell, William DeFeo, and Wendell Sowards are entitled to civil immunity.
Text
[Cite as Boling v. Dept. of Rehab. & Corr., 2007-Ohio-2746.]
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
NATHAN E. BOLING Case No. 2005-09901
Plaintiff Judge Joseph T. Clark
Magistrate Steven A. Larson v. JUDGMENT ENTRY DEPARTMENT OF REHABILITATION AND CORRECTION
Defendant
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[Cite as Boling v. Dept. of Rehab. & Corr., 2007-Ohio-2746.]
On March 5, 2007, the magistrate issued a decision recommending judgment in favor of defendant. The magistrate also recommended that the court issue a determination that Jean Wardell, William DeFeo, and Wendell Sowards are 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 Jean Wardell, William DeFeo, and Wendell Sowards based upon the allegations in this case.
Civ.R. 53(D)(3)(b)(i) states: "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). ***" No objections were filed.
Upon review of the record and the magistrate's decision, 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 the findings of fact and conclusions of law contained therein. Judgment is rendered in favor of defendant. In addition, the court determines that Jean Wardell, William DeFeo, and Wendell Sowards are 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 them 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:
Velda K. Hofacker Carr Nathan E. Boling, #308-560 Assistant Attorney General Pickaway Correctional Institution 150 East Gay Street, 23rd Floor B2 - 23L, P.O. Box 209 Columbus, Ohio 43215-3130 Orient, Ohio 43146
LP/cmd
Filed April 9, 2007 To S.C. reporter June 6,
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