State ex rel. Gessner v. Vore

{¶ 1} This is an appeal from a judgment dismissing the petition of appellant, Mark E. Gessner, for a writ of mandamus to compel appellees, the sheriff-elect and the acting sheriff of Montgomery County, to provide him with due process of law for a June 2008 notice against trespass issued to him, barring him from specified courthouses.

{¶ 2} For the following reasons, the court of appeals properly dismissed Gessner’s petition.

{¶ 3} First, Gessner had an adequate remedy in the ordinary course of law by way of an action under Section 1983, Title 42, U.S.Code, to raise his federal constitutional…