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

Citations

• 2017 Ohio 2696

Syllabus

Inmate negligence civil conspiracy trial bifurcated. The magistrate determined that plaintiff failed to prove by a preponderance of the evidence that defendant had actual or constructive notice that another inmate would attack plaintiff. There was no evidence that the attacker exhibited violent tendencies or assaultive behavior toward plaintiff or any other inmate. Because there was no underlying unlawful act, plaintiff's civil conspiracy claim failed. Judgment recommended in favor of defendant.