Sullivan v. Ohio Rehabilitation Services Commission

This is an appeal from a judgment of the Court of Claims of Ohio dismissing plaintiffs complaint which sought from defendants an award of attorney fees incurred in retaining private counsel to defend him in a civil action brought against him and other state employees in the United States District Court for the Northern District of Ohio, Eastern Division.

The standard for a Civ. R. 12(B)(6) motion for dismissal has been set forth in O’Brien v. University Community Tenants Union (1975), 42 Ohio St. 2d 242, 71 O.O. 2d 223, 327 N.E. 2d 753. In O’Brien, the Supreme Court held'that before a court…