State ex rel. Johnson v. Kral (Slip Opinion)

Ohio Supreme Court
State ex rel. Johnson v. Kral (Slip Opinion), 2018 Ohio 2382 (Ohio 2018)
103 N.E.3d 814; 153 Ohio St. 3d 231
Per Curiam

State ex rel. Johnson v. Kral (Slip Opinion)

Opinion

Per Curiam.

*231 {¶ 1} Appellant, Tyrone R. Johnson, appeals the decision of the Sixth District Court of Appeals dismissing the complaint for a writ of mandamus that he filed against appellee, George Kral, Chief of Police of the Toledo police department. We affirm the judgment of the court of appeals.

{¶ 2} In his complaint, Johnson alleged that on August 25, 2000, Lucas County Court of Common Pleas Judge Charles Wittenberg granted a motion for the return from the Toledo police department of property to him in the amount of $324. Rather than comply with the order, the police department allegedly deposited the money "into the Lucas County Treasury." Johnson requested a writ of mandamus compelling Chief Kral and the police department to return the $324 and to award him compensatory and punitive damages.

{¶ 3} On June 27, 2017, the court of appeals dismissed the complaint sua sponte.

{¶ 4} A writ of mandamus will not issue if the relator has a plain and adequate remedy in the ordinary course of the law. State ex rel. Blandin v. Beck , 114 Ohio St.3d 455 , 2007-Ohio-4562 , 872 N.E.2d 1232 , ¶ 18. Based on the allegations in the *816 complaint, Johnson has two separate remedies that preclude the issuance of a writ of mandamus.

{¶ 5} Johnson alleged that the police department has not complied with a trial-court order directing a return of the property. If that allegation is true, then a motion for contempt for the failure to abide by a court order is an adequate remedy in the ordinary course of the law. State ex rel. Weaver v. Adult Parole Auth. , 116 Ohio St.3d 340 , 2007-Ohio-6435 , 879 N.E.2d 191 , ¶ 6. In addition, he has an adequate remedy by filing an action for replevin. Blandin at ¶ 18 ; State ex rel. Harris v. Toledo , 74 Ohio St.3d 36 , 38, 656 N.E.2d 334 (1995). "The proper action to reclaim possession of property based on unlawful seizure or detention is *232 an action for replevin." State ex rel. Jividen v. Toledo Police Dept. , 112 Ohio App.3d 458 , 459, 679 N.E.2d 34 (6th Dist. 1996). Dismissal of the complaint was therefore proper, because Johnson failed to state a claim in mandamus.

Judgment affirmed.

O'Connor, C.J., and O'Donnell, Kennedy, French, Fischer, and DeWine, JJ., concur.

DeGenaro, J., not participating.

Reference

Full Case Name
[The STATE EX REL.] JOHNSON, Appellant, v. KRAL, Appellee.
Cited By
9 cases
Status
Published
Syllabus
Mandamus—Appellant has adequate remedies in ordinary course of law—Court of appeals' dismissal of complaint affirmed.