Bernad v. City of Lakewood

I respectfully dissent from the majority opinion based on the majority’s holding that a complaint in replevin restores a person’s right to possess or own property lawfully confiscated from a person under a legal disability.

The facts show Lakewood Police lawfully confiscated twenty-nine guns from Bernad’s home based on Bernad’s admission that he was under a legal disability and was prohibited from possessing firearms.

R.C. 2933.41(C) sets forth a two-pronged test to determine if a person loses ownership or possession of confiscated property:

“A person loses any right that the person may have to…