[Cite as Hardgrow v. Office of Atty. Gen., 2011-Ohio-4853.]

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

SIDNEY HARDGROW, SR. 

 Plaintiff 

 v. 

OFFICE OF THE ATTORNEY GENERAL 

 Defendant 

Case No. 2010-07598 

Judge Clark B. Weaver Sr. 

DECISION

{¶1} On June 13, 2011, defendant filed a motion for summary judgment 

pursuant to Civ.R. 56(B). On June 15, 2011, plaintiff filed a response. The motion is 

now before the court for 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 

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

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

{¶4} On January 31, 2008, plaintiff’s employment as a corrections officer at 

Richland Correctional Institution (RCI) was terminated. Plaintiff filed the instant claim 

alleging inappropriate conduct by RCI’s counsel in Case No. 2008-07675, a claim that 

he had filed regarding his termination. In his complaint in this matter, plaintiff asserts 

both that defendant violated R.C. 2921.45 and the “constitution” by “interfering” with his 

civil rights and that it “obstructed justice” in violation of R.C. 2921.32. 

{¶5} It has been consistently held that this court is without jurisdiction to 

consider claims for relief premised upon alleged violations of either the Ohio or United 

States Constitution. See, e.g., Graham v. Board of Bar Examiners (1994), 98 Ohio 

App.3d 620; Jett v. Dallas Indep. School Dist. (1989), 491 U.S. 701; Burkey v. Southern 

Ohio Correctional Facility (1988), 38 Ohio App.3d 170. Moreover, R.C. 2921.45, a 

criminal statute, does not provide for a civil remedy in this court. See Palmer v. Foley, 

Montgomery App. No. 21235, 2006-Ohio-4013. Accordingly, plaintiff’s constitutional 

and civil rights claims shall be dismissed. 

{¶6} Plaintiff also asserts that defendant communicated false information which 

resulted in intentional infliction of emotional distress. The entirety of plaintiff’s complaint 

is based upon an e-mail from Assistant Attorney General Amy Brown, sent on 

December 15, 2009, regarding subpoenas that had been issued by plaintiff. 

{¶7} To the extent that plaintiff’s complaint sounds in tort, defendant is entitled 

to judgment as a matter of law based upon the doctrine of absolute judicial immunity. 

{¶8} “An attorney is immune from liability to third persons arising from his 

performance as an attorney in good faith on behalf of, and with the knowledge of his 

client, unless such third person is in privity with the client or the attorney acts 

maliciously.” Scholler v. Scholler (1984), 10 Ohio St.3d 98, paragraph one of the 

syllabus. 

{¶9} In support of its motion, defendant filed the affidavit of Amy Brown. Brown 

avers, in relevant part, as follows: 
{¶10} “3. I was counsel of record for the Richland Correctional Institution in a 

case filed by Sidney Hardgrow with the Ohio Court of Claims and identified as Case No. 

2008-07675. A true and accurate copy of the Complaint in that matter is attached as 

Exhibit 1 to this affidavit. 

{¶11} “4. On November 24, 2009, the Court issued subpoenas to C.O. Kenney, 

Mr. Scruggs and Lt. Melton at the request of Mr. Hardgrow. The subpoenas required 

C.O. Kenney, Mr. Scruggs and Lt. Melton to attend and give testimony at the December 

21, 2009 trial in Case No. 2008-07675 at the Ohio Court of Claims in Columbus, Ohio 

and also require Mr. Scruggs’ [sic] to produce incident reports of fights at Richland 

Correctional Institution between all staff on this date. 

{¶12} “5. On November 24, 2009, I filed a motion to quash Mr. Scruggs, Lt. 

Melton and Officer Kenney’s subpoenas arguing that those subpoenas were not 

properly served because Mr. Hardgrow failed to tender the required witness fees and 

mileage. A true and accurate copy of my motion to quash is attached as Exhibit 2 to 

this affidavit. 

{¶13} “6. Thereafter, on December 14, 2009, Judge Clark issued his decision 

ruling that Mr. Scruggs, Lt. Melton and Officer Kenney’s subpoenas were invalid 

because Mr. Hardgrow failed to tender the necessary witness fees and mileage. A true 

and accurate copy of that decision is attached as Exhibit 3 to this affidavit. 

{¶14} “7. On December 15, 2009, I emailed Judge Clark’s December 14, 2009 

decision to my client. Mr. Hardgrow has attached a true and accurate copy of that email 

to his Complaint in Case No. 2010-07598. I have no personal knowledge regarding 

how Mr. Hardgrow obtained a copy of that email, which is protected by an attorneyclient privilege. 

{¶15} “8. Mr. Hardgrow voluntarily dismissed Case No. 2008-07675 without 

prejudice and refiled those claims as Case No. 2010-07512. I am counsel of record for 

the Richland Correctional Institution in Case No. 2010-07512 and that matter is 

currently pending before the Ohio Court of Claims. A true and accurate copy of the 

October 13, 2010 amended Complaint in Case No. 2010-07512 is attached as Exhibit 4 

to this affidavit. 
{¶16} “9. I was acting in the course and scope of my employment with the state 

of Ohio at all relevant times, including, but not limited to, my representation of the 

Richland Correctional Institution in Case Nos. 2008-07675 and 2010-07512 and, 

specifically, in sending the December 15, 2009 email to my client. I did not intend to 

cause serious emotional distress to Plaintiff Hardgrow, nor did I know or have any 

reason to believe that such distress would result from the email to my client. In fact, the 

email was privileged and I never expected that Plaintiff Hardgrow would ever see the 

email.” 

{¶17} Construing the evidence most strongly in plaintiff’s favor, the court finds 

that Brown’s actions of informing potential witnesses that the subpoenas served upon 

them were deficient cannot be reasonably construed as malicious conduct. Moreover, 

Brown’s actions clearly arose from her performance as an attorney and plaintiff has 

brought forth no evidence to show that her actions were in bad faith. Therefore, the 

court finds that defendant is entitled to judgment as a matter of law on the totality of 

plaintiff’s complaint. Accordingly, defendant’s motion for summary judgment shall be 

granted and judgment shall be rendered in favor of defendant. 
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 

SIDNEY HARDGROW, SR. 

 Plaintiff 

 v. 

OFFICE OF THE ATTORNEY GENERAL 

 Defendant 

Case No. 2010-07598 

Judge Clark B. Weaver Sr. 

JUDGMENT ENTRY

{¶18} A non-oral hearing was conducted in this case upon defendant’s motion 

for summary judgment. For the reasons set forth in the decision filed concurrently 

herewith, defendant’s motion for summary judgment is GRANTED and judgment is 

rendered in favor of defendant. Plaintiff’s constitutional and civil rights claims are 

DISMISSED. 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. 

 _____________________________________ 

 CLARK B. WEAVER SR. 

 Judge 

cc: 

 
Velda K. Hofacker

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Sidney Hardgrow, Sr. 

109 Washington Avenue 

Mansfield, Ohio 44903 

HTS/dms

Filed August 8, 2011 

To S.C. reporter September 22, 2011