Burkey v. Southern Ohio Correctional Facility

John Burkey, plaintiff-appellant, filed an action in the Ohio Court of Claims against the Southern Ohio Correctional Facility and the warden, chaplin, and a member of the administrative control committee of the facility seeking damages, declaratory relief, and an injunction contending numerous violations of his civil rights pursuant to Section 1983, Title 42, U.S. Code. The Court of Claims dismissed the individual defendants as parties to the action on the basis that the only defendant in the Court of Claims is the state. R.C. 2743.02(E). That determination was clearly correct.

Defendant moved…