State ex rel. Johnson v. Kral (Slip Opinion)
State ex rel. Johnson v. Kral (Slip Opinion)
Opinion
*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
,
{¶ 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.
,
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.