State ex rel. Hickman v. Capots

Unsupported conclusions of a complaint are not considered admitted, Schulman v. Cleveland (1972), 30 Ohio St. 2d 196,198, 59 O.O. 2d 196,197, 283 N.E. 2d 175,176, and are not sufficient to withstand a motion to dismiss. Mitchell v. Lawson Milk Co. (1988), 40 Ohio St. 3d 190, 193, 532 N.E. 2d 753, 756. The cases cited by appellant, Mack v. McCune (C.A. 10, 1977), 551 F. 2d 251, and Robinson v. Benson (C.A. 10, 1978), 570 F. 2d 920, both indicate that the conclusion appellant pleaded below is an exception to the general rule that parole may be revoked even though criminal charges based on the…