Skorvanek v. Dept. of Rehab & Corr.

Citations

• 2018 Ohio 3870

Syllabus

Judgment affirmed. ODRC did not have notice, either actual or constructive, that a fellow inmate would attack appellant. The attacking inmate's mental health records were privileged from discovery under the physician-patient privilege, and appellant's counsel did not have a right to inspect the mental health records. A witness did not answer a question of the law. The evidence demonstrated that the attacking inmate had medical authorization for his cane, and that ODRC medical and security staff were present on the floor and swiftly ended the attack. Appellant's contentions regarding the placement and duties of correction officers were barred by the doctrine of discretionary immunity. The manifest weight of the evidence supported the lower court's decision.