Jenkins v. Ohio Dept. of Rehab. & Corr.

Citations

• 2023 Ohio 1382

Syllabus

Use of force inmate battery negligence damages intentional infliction of emotional distress. This case arose out of an incident where defendant's employee struck plaintiff, an inmate, in the mouth with his fist while plaintiff was getting ice from an ice machine. Defendant admitted liability. Plaintiff testified that he experienced swelling of his lip at the time of the incident which continued at the time of trial, emotional distress, nerve damage, and long-term harm. The magistrate found that plaintiff proved damages for temporary pain and suffering through his testimony but was unable to prove long-term or severe emotional or physical harm because he did not provide expert testimony. Further, the magistrate concluded that plaintiff did not prove the elements of intentional infliction of emotional distress because the conduct was instinctual rather than outrageous. Therefore, the magistrate recommended that judgment be entered in favor of plaintiff in the amount of $3,500.