Sammour v. Ohio Bur. of Workers' Comp.

Citations

• 2023 Ohio 2841

Syllabus

Summary Judgment Civ.R. 56 Malicious Prosecution Workers' Compensation Fraud Criminal Prosecution 42 U.S.C. § 1983. Plaintiff alleged claims for malicious prosecution in relation to a workers' compensation fraud investigation and felony criminal prosecution. Defendant established that the workers' compensation fraud investigation was not instituted with malice and the felony criminal prosecution was not terminated in favor of the accused. As such, plaintiff could not prove the elements of malicious prosecution for either claim. Moreover, the court lacked subject-matter jurisdiction over plaintiff's constitutional or 42 U.S.C. § 1983 claims. Accordingly, plaintiff failed to create a genuine issue of material fact and the court granted defendant's motion for summary judgment.