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Ohio Supreme Court· 12/29/2022

McClain v. State

Citations

  • 172 Ohio St. 3d 213
  • 223 N.E.3d 361
  • 2022 Ohio 4722

Syllabus

Criminal law—Wrongful imprisonment—Jury trial—Article I, Section 5 of the Ohio Constitution—There is no constitutional right to a jury trial in a wrongful-imprisonment action, because the action did not exist at common law.

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • stating that the elements of a false imprisonment or over-detention claim are “(1) the expiration of a lawful term of confinement, (2) intentional confinement after the expiration, and (3) knowledge that the privilege initially justifying confinement no longer exists”
  • “While the common law sometimes allowed plaintiffs to bring false-imprisonment claims against state officials, it did not permit suits against the state itself.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, J.

Read full opinion on CourtListener

Cited by

5 cases in this archive cite this case.

Cites

21 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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