Elliott v. Ohio Department of Rehabilitation & Correction

Tyack, Judge.

On July 31, 1991, David Elliott filed a complaint in the Ohio Court of Claims against the Ohio Department of Rehabilitation and Correction (“ODRC”), alleging that while he was an inmate at the Chillicothe Correctional Institution, he was struck in the face without provocation or justification by corrections officer Byron Turner. Elliott alleged that Turner acted within the scope and course of his employment and that ODRC was negligent in hiring, training and retaining Turner. The trial court bifurcated the action and, on August 2, 1992, a trial was held on the issue of ODRC’s…