[Cite as Hall v. S. Ohio Corr. Facility, 2011-Ohio-5330.]

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

ERNEST HALL 

 Plaintiff 

 v. 

SOUTHERN OHIO CORRECTIONAL FACILITY 

 Defendant 

Case No. 2010-08969 

Judge Joseph T. Clark 

Magistrate Matthew C. Rambo 

ENTRY GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT

{¶1} On July 8, 2011, defendant filed a motion for summary judgment pursuant to 

Civ.R. 56(B). Plaintiff did not file a response. The motion is now before the court on a 

non-oral hearing pursuant to L.C.C.R. 4(D). 

{¶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 
Case No. 2010-08969 - 2 - ENTRY

Gilbert v. Summit Cty., 104 Ohio St.3d 660, 2004-Ohio-7108, citing Temple v. Wean 

United, Inc. (1977), 50 Ohio St.2d 317. 

{¶4} At all times relevant, plaintiff was an inmate in the custody and control of 

defendant pursuant to R.C. 5120.16. Plaintiff alleges that he took medication that made 

him “fall down” and that when he informed a nurse employed by defendant, she refused 

to allow fellow inmates to help him off the floor, and that he had to crawl into his cell. 

Defendant disputes plaintiff’s allegations. 

{¶5} In support of its motion, defendant filed the affidavit of Bertha Goodman, 

who states: 

{¶6} “1. I am currently employed by the Ohio Department of Rehabilitation and 

Correction (DRC) as the Psychiatric Nurse Supervisor at [defendant]. 

{¶7} “2. I have personal knowledge, and I am competent to testify to the facts 

contained in this Affidavit. 

{¶8} “3. As part of my job duties, I interact with inmates under custody and 

control of DRC. I am familiar with [plaintiff]. 

{¶9} “4. I did not give [plaintiff] medication knowing that it was making him 

fall to the ground. 

{¶10} “5. I did not witness [plaintiff] fall to the ground because of any 

medication I may have given him. 

{¶11} “6. I did not instruct the other inmates to leave [plaintiff] on the floor if 

he fell to the ground. 

{¶12} “7. I did not instruct [plaintiff] to crawl back to his cell after giving him 

any medication. 

{¶13} “8. Furthermore, I never threatened [plaintiff] in any manner at any 

point throughout his incarceration.” 

{¶14} Upon review, the court finds that the only reasonable conclusion to be 

drawn from the unrebutted affidavit testimony provided by defendant is that Goodman 
Case No. 2010-08969 - 3 - ENTRY

did not give plaintiff medication that made him fall down and did not order other inmates 

not to help plaintiff such that he was forced to crawl to his cell. 

{¶15} Civ.R. 56(E) provides in pertinent part: 

{¶16} “When a motion for summary judgment is made and supported as 

provided in this rule, an adverse party may not rest upon the mere allegations or denials 

of the party’s pleadings, but the party’s response, by affidavit or as otherwise provided 

in this rule, must set forth specific facts showing that there is a genuine issue for trial. If 

the party does not so respond, summary judgment, if appropriate, shall be entered 

against the party.” 

{¶17} The court finds that there is no genuine issue of material fact and that 

defendant is entitled to judgment as a matter of law. Accordingly, defendant’s motion 

for summary judgment is GRANTED and judgment is 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. 

 _____________________________________ 

 JOSEPH T. CLARK 

 Judge 

cc: 

 

Ashley L. Oliker

Jennifer A. Adair 

Assistant Attorneys General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Ernest Hall, #A224-414 

Southern Ohio Correctional Facility 

P.O. Box 45699 

Lucasville, Ohio 45699 

MR/dms

Filed September 6, 2011 

To S.C. reporter October 13, 2011