Murphy v. Adult Parole Authority
Murphy v. Adult Parole Authority
Opinion of the Court
In his complaint, plaintiff alleges that defendant is liable for false imprisonment resulting from his parole revocation. Defendant denies any liability. Pursuant to Civ.R. 53, the court appointed the undersigned magistrate to hear the evidence regarding both liability and damages. Upon the close of plaintiffs case, the magistrate granted defendant’s motion to dismiss pursuant to Civ.R. 41(B).
Plaintiff is an inmate in the custody and control of the Ohio Department of Rehabilitation and Correction pursuant to R.C. 5120.16. Plaintiff was sentenced
False imprisonment occurs when a person confines another intentionally “ ‘without lawful privilege and against his consent within a limited area for any appreciable time, however short.’ ” Feliciano v. Kreiger (1977), 50 Ohio St.2d 69, 71, 4 O.O.3d 158, 159, 362 N.E.2d 646, 647, quoting 1 Harper & James, The Law of Torts (1956) 226, Section 3.7. “Once the initial privilege expires, the justification for continued confinement expires and possible liability for false imprisonment begins.” Bennett v. Ohio Dept. of Rehab. & Corr. (1991), 60 Ohio St.3d 107, 109, 573 N.E.2d 633, 636.
Pursuant to R.C. 2743.02(A)(1), the state may be held liable for the false imprisonment of its prisoners. Bennett, supra, 60 Ohio St.3d at 110, 573 N.E.2d at 637. In November 1983, plaintiff was sentenced to a maximum term of incarceration of twenty-five years. Defendant has a lawful privilege to confine plaintiff until the expiration of his maximum sentence, which expires in 2008. Accordingly, the magistrate finds that plaintiff is not being falsely imprisoned.
Plaintiff further asserts that defendant wrongfully revoked his parole. However, there is no constitutional or statutory right to parole. State ex rel. Seikbert v. Wilkinson (1994), 69 Ohio St.3d 489, 490, 633 N.E.2d 1128, 1129-1130. As there is no legal duty on the state to grant parole, there is no right to a review of its revocation. Rose v. Haskins (1970), 21 Ohio St.2d 94, 50 O.O.2d 204, 255 N.E.2d 260. Accordingly, the magistrate finds that this court is without jurisdiction to review plaintiffs parole revocation.
Based upon the foregoing analysis, the magistrate granted defendant’s motion to dismiss.
Complaint dismissed.
Decided May 12, 1999
On April 13, 1999, the magistrate dismissed plaintiffs case. Plaintiff has not filed objections to the magistrate’s decision pursuant to Civ.R. 53(E)(3). Accordingly, the court adopts the magistrate’s decision. Court costs are assessed against plaintiff. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.
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