Mitchell v. Ohio Department of Rehabilitation

Close, Judge.

This is an appeal from a judgment of the Ohio Court of Claims rendered in favor of defendant-appellee, Ohio Department of Rehabilitation and Correction. The Court of Claims determined that plaintiff-appellant, Dale Mitchell, failed to prove any negligence on the part of appellee as a result of an attack by a fellow inmate. Both appellant and his assailant were inmates at the Marion Correctional Institution.

The incident occurred during the early morning hours of October 1,1990, while appellant was sleeping in dormitory six. The security guard had momentarily left his post to make…