Jordan v. Howard

Citations

• 2021 Ohio 4025

Syllabus

In this case, which involved the shooting death of an individual by police officers, the trial court did not err in dismissing appellant's claims for negligence/recklessness, assault and battery, civil conspiracy, and survivorship. These claims were barred because appellant failed to refile them in state court within the time prescribed by 28 U.S.C. 1367(d) or by R.C. 2305.19(A), after they were dismissed by the federal district court. Furthermore, the trial court correctly found that appellant's remaining claim for wrongful death was barred by issue preclusion, i.e., by the collateral estoppel effect of the prior federal court action. Judgment affirmed.