Opinion
No. 2007-08970-AD.
Filed October 1, 2008.
MEMORANDUM DECISION
FINDINGS OF FACT
{¶ 1} 1) Plaintiff, Michael Switzer, a former inmate under the control of defendant, Department of Rehabilitation and Correction, asserted he was wrongfully held by defendant beyond the expiration of his criminal sentence; a period of fourteen days.{¶ 2} 2) Plaintiff claimed damages in the amount of $773.50, an amount representing a pro-rated one half share of the yearly statutorily mandated amount for a wrongfully imprisoned individual. The $25.00 filing fee was paid and plaintiff requested reimbursement of that amount along with his damage claim.
R.C. 2743.48(E)(2)(b) states:
"(2) In a civil action as described in division (D) of this section, upon presentation of requisite proof to the court, a wrongfully imprisoned individual is entitled to receive a sum of money that equals the total of each of the following amounts.
"(b) For each full year of imprisonment in the state correctional institution for the offense of which the wrongfully imprisoned individual was found guilty, forty thousand three hundred thirty dollars of the adjusted amount determined by the auditor of state pursuant to section 2743.49 of the Revised Code, and for each part of a year of being so imprisoned, a pro-rated share of forty thousand three hundred thirty dollars or the adjusted amount determined by the auditor of state pursuant to section 2743.49 of the Revised Code."
{¶ 3} 3) Defendant filed an investigation report admitting liability for falsely imprisoning plaintiff for a period of fourteen days. Defendant explained plaintiffs release date was scheduled for August 26, 2007, and plaintiff was actually released from incarceration on September 9, 2007. Defendant observed plaintiff should be entitled to damages in the amount of $772.91, based on a pro-rated one half share of the yearly statutorily set damage amount for a wrongfully imprisoned individual pursuant to R.C. 2743.48(E)(2)(b) as calculated by defendant. Defendant's calculations based on a one half share of the daily statutory damage amount granted to a falsely imprisoned individual totaled $55.21 a day. Plaintiff calculated this amount at $55.25 a day. The trier of fact calculated the daily allowable amount to be $55.25 a day.
CONCLUSION OF LAW
{¶ 4} 1) Plaintiff has proven a claim for false imprisonment. Bennett v. Ohio Dept. of Rehab. Corr. (1991), 60 Ohio St. 3d 107, 573 N.E. 2d 633; Corder v. Ohio Dept. of Rehab. Corr. (1996), 114 Ohio App. 3d 360, 683 N.E. 2d 121.
{¶ 5} 2) The standard measure of damages in a false imprisonment claim is based on one-half of the statutory formula provided in R.C. 2743.48(E)(2)(b). See Raivey v. Lorain Corr. Fac. (1997), 121 Ohio App. 3d 428, 700 N.E. 2d 90; Clark v. Ohio Dept. of Rehab. Corr. (2000), 104 Ohio Misc. 2d 14, 727 N.E. 2d 986; Bay v. Ohio Dept. of Rehab. Corr, Ct. of Cl. No. 2002-07231, 2004-Ohio-7296; Stafford v. Correction Reception Center, 2004-07000-AD, jud (reversed), 2004-Ohio-7085.
{¶ 6} 3) Based on the standards applied in accordance with precedent and the evidence of the wage loss, the court finds defendant liable to plaintiff in the amount of $773.50, plus the $25.00 filing fee which may be awarded as costs pursuant to R.C. 2335.19. See Bailey v. Ohio Department of Rehabilitation and Correction (1990), 62 Ohio Misc. 2d 19, 587 N.E. 2d 990.
ENTRY OF ADMINISTRATIVE DETERMINATION
Having considered all the evidence in the claim file and, for the reasons set forth in the memorandum decision filed concurrently herewith, judgment is rendered in favor of plaintiff in the amount of $798.50, which includes the filing fee. Court costs are assessed against defendant.
Entry cc:
Michael Switzer 3444 E. 76th Street Cleveland, Ohio 44127
Gregory C. Trout, Chief Counsel Department of Rehabilitation and Correction 1050 Freeway Drive North Columbus, Ohio 43229