Thornton v. Cleveland

Christine T. McMonagle, Judge.

{¶ 1} Plaintiff-appellant, Robert D. Thornton, pro se, appeals from the trial court’s judgment granting the Civ.R. 12(C) motion for judgment on the pleadings filed by defendant-appellee, the city of Cleveland (“the city”). We affirm in part and reverse in part.

{¶ 2} Civ.R. 12(C) states that “[a]fter the pleadings are closed but within such time as not to delay the trial, any party may move for judgment on the pleadings.” A Civ.R. 12(C) motion for judgment on the pleadings has been characterized as a “belated Civ.R. 12(B)(6) motion for failure to state a claim…