State ex rel. Tubbs Jones v. Suster

The Ohio Revised Code provides a two-step process whereby a person claiming wrongful imprisonment may sue the state of Ohio for damages incurred due to the alleged wrongful imprisonment. Walden v. State (1989), 47 Ohio St.3d 47, 49, 547 N.E.2d 962, 964. The first action, in the common pleas court under R.C. 2305.02, seeks a preliminary factual determination of wrongful imprisonment; the second action, in the Court of Claims under R.C. 2743.48, provides for damages.

Prior to filing suit in the Court of Claims for damages, a petitioner must establish the following: (1) the petitioner was…