[Cite as Auls v. Richland Correctional Inst., 2011-Ohio-367.]

Court of Claims of Ohio

The Ohio Judicial Center 

65 South Front Street, Third Floor 

Columbus, OH 43215 

614.387.9800 or 1.800.824.8263 

www.cco.state.oh.us

PAUL AULS 

 Plaintiff 

 v. 

RICHLAND CORRECTIONAL INSTITUTION 

 Defendant 

Case No. 2010-10866 

Judge Alan C. Travis 

ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

{¶ 1} On October 22, 2010, defendant filed a motion for summary judgment 

pursuant to Civ.R. 56(B). To date, plaintiff has not filed a response. 

{¶ 2} Civ.R. 56(C) states, in part, as follows: 

{¶ 3} “Summary judgment shall be rendered 

forthwith if the pleadings, depositions, answers to interrogatories, written admissions, 

affidavits, transcripts of evidence, and written stipulations of fact, if any, timely filed in 

the action, show that there is no genuine issue as to any material fact and that the 

moving party is entitled to judgment as a matter of law. No evidence or stipulation may 

be considered except as stated in this rule. A summary judgment shall not be rendered 

unless it appears from the evidence or stipulation, and only from the evidence or 

stipulation, that reasonable minds can come to but one conclusion and that conclusion 

is adverse to the party against whom the motion for summary judgment is made, that 

party being entitled to have the evidence or stipulation construed most strongly in the 

party’s favor.” See also Gilbert v. Summit County, 104 Ohio St.3d 660, 2004-Ohio7108, citing Temple v. Wean United, Inc. (1977), 50 Ohio St.2d 317. 
Case No. 2010-10866 - 2 - ENTRY

{¶ 4} In his complaint, plaintiff alleges that in September 2008, he was 

sentenced to serve two years in prison after being convicted of domestic violence. 

According to plaintiff, a judge of the Summit County Court of Common Pleas failed to 

award him all of the jail-time credit that he was entitled to receive. As a result, plaintiff 

maintains that defendant held him for 58 days after his lawful sentence had expired. 

{¶ 5} R.C. 2967.191 states, in part: 

{¶ 6} “The department of rehabilitation and correction shall reduce the stated 

prison term of a prisoner * * * by the total number of days that the prisoner was confined 

for any reason arising out of the offense for which the prisoner was convicted and 

sentenced, including confinement in lieu of bail while awaiting trial, confinement for 

examination to determine the prisoner’s competence to stand trial or sanity, and 

confinement while awaiting transportation to the place where the prisoner is to serve the 

prisoner’s prison term.” 

{¶ 7} Plaintiff alleges a claim for false imprisonment under common law. False 

imprisonment occurs when a person confines another “‘intentionally without lawful 

privilege and against his consent within a limited area for any appreciable time, however 

short.’” Feliciano v. Kreiger (1977), 50 Ohio St.2d 69, 71, quoting 1 Harper & James, 

The Law of Torts (1956), 226, Section 3.7. See also Bennett v. Ohio Dept. of Rehab. & 

Corr. (1991), 60 Ohio St.3d 107, 109. 

{¶ 8} In order to prevail on his claim of false imprisonment, plaintiff must show 

that: 1) his lawful term of confinement expired; 2) defendant intentionally confined him 

after the expiration; and 3) defendant had knowledge that the privilege initially justifying 

the confinement no longer existed. Corder v. Ohio Dept. of Rehab. & Corr. (1994), 94 

Ohio App.3d 315, 318. 

{¶ 9} Defendant contends that pursuant to the September 25, 2008 journal entry 

from the Summit County Court of Common Pleas, plaintiff was given credit for three 

days served and that defendant credited plaintiff with an additional six days served 
Case No. 2010-10866 - 3 - ENTRY

before he was transferred into defendant’s custody. (Defendant’s Exhibit A.) Plaintiff’s 

sentence expired on September 19, 2010, and plaintiff was released. Thus, defendant 

maintains that plaintiff was confined pursuant to a valid sentencing order. Defendant 

asserts it has no discretion in awarding jail-time credit and that it must follow the 

sentencing entry of the court. See State ex rel. Corder v. Wilson (1991), 68 Ohio 

App.3d 567. 

{¶ 10} “There is simply no statutory provision conferring a right upon the Adult 

Parole Authority to ignore the trial court determination of the number of days and to 

substitute its own in complying with the mandate of R.C. 2967.191.” Id. at 573. 

{¶ 11} The Tenth District Court of Appeals has stated that “[t]he moving party 

bears the initial responsibility of informing the trial court of the basis for the motion, and 

identifying those portions of the record that demonstrate the absence of a genuine issue 

of fact on a material element of one or more of the nonmoving party’s claims for relief. 

Dresher v. Burt (1996), 75 Ohio St.3d 280, 292. If the moving party satisfies this initial 

burden by presenting or identifying appropriate Civ.R. 56(C) evidence, the nonmoving 

party must then present similarly appropriate evidence to rebut the motion with a 

showing that a genuine issue of material fact must be preserved for trial. Norris v. Ohio 

Standard Oil Co. (1982), 70 Ohio St.2d 1,2. The nonmoving party does not need to try 

the case at this juncture, but its burden is to produce more than a scintilla of evidence in 

support of its claims. McBroom v. Columbia Gas of Ohio, Inc. (June 28, 2001), Franklin 

App. No. 00AP-1110.” Nu-Trend Homes, Inc. et al. v. Law Offices of DeLibera, Lyons & 

Bibbo et al., Franklin App. No. 01AP-1137, 2003-Ohio-1633. 

{¶ 12} Plaintiff cannot prevail on an action for false imprisonment where 

defendant confined plaintiff pursuant to a valid entry recorded by the sentencing court. 

Upon review of the motion and the memoranda submitted by defendant, the court finds 

that there is no genuine issue of material fact and defendant is entitled to judgment as a 

matter of law. Defendant’s motion for summary judgment is GRANTED and judgment is 
Case No. 2010-10866 - 4 - ENTRY

rendered in favor of defendant. Court costs are assessed against plaintiff. The clerk 

shall serve upon all parties notice of this judgment and its date of entry upon the journal. 

 _____________________________________ 

 ALAN C. TRAVIS 

 Judge 

cc: 

 

Kristin S. Boggs 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Paul Auls 

732 Roscoe Avenue 

Akron, Ohio 44306 

SJM/cmd

Filed January 5, 2011 

To S.C. reporter January 27, 2011