State ex rel. Bruni v. Leonard

Bruni asserts in his propositions of law that the court of appeals erred in granting Leonard’s Civ.R. 12(B)(6) motion and dismissing his complaint. For the following reasons, Bruni’s assertions are meritless.

First, Bruni possessed an adequate legal remedy by way of a federal civil rights action under Section 1983, Title 42, U.S.Code, to raise his Eighth Amendment claim. State ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559, 560, 653 N.E.2d 371, 373; State ex rel. Carter v. Schotten (1994), 70 Ohio St.3d 89, 91-92, 637 N.E.2d 306, 309.

Second, Bruni has no constitutional right to a…