[Cite as Baker v. Ohio Dept. of Rehab. & Corr., 2011-Ohio-3901.]

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

KEVIN BAKER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

 

Case No. 2010-07903 

Judge Alan C. Travis 

Magistrate Matthew C. Rambo 

DECISION

{¶ 1} On April 27, 2011, defendant filed a motion for summary judgment pursuant 

to Civ.R. 56(B). On May 20, 2011, plaintiff filed 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 

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} Plaintiff is currently an inmate in the custody and control of defendant at the 

Allen Correctional Institution pursuant to R.C. 5120.16. Plaintiff alleges that there were 

irregularities in his sentencing hearing and that there are “defects” in his sentencing 

entries from the Lucas County Court of Common Pleas. Plaintiff claims that defendant 

had a duty to ensure the accuracy and validity of his sentencing entries prior to 

incarcerating him, and asserts a claim of false imprisonment. 

{¶ 5} “False imprisonment occurs when a person confines another intentionally 

‘without lawful privilege and against his consent within a limited area for any appreciable 

time * * *.’” Bennett v. Ohio Dept. of Rehab. & Corr. (1991), 60 Ohio St.3d 107, 109, 

quoting Feliciano v. Kreiger (1977), 50 Ohio St.2d 69, 71. Elements of a false 

imprisonment claim are: 1) expiration of the lawful term of confinement; 2) intentional 

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

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

Ohio App.3d 315, 318. 

{¶ 6} In support of its motion, defendant filed the affidavit of Melissa Adams, who 

states: 

{¶ 7} “1. I am employed by [defendant] as the Chief of the Bureau of Sentence 

Computation (Bureau). 

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

contained in this Affidavit. 

{¶ 9} “3. The Bureau bases its sentence calculations on certified entries 

received from a court of law. Furthermore, the Bureau is unable to alter a calculation 

date if no entry has been received which would change a sentence. In [plaintiff’s] case, 

the court entries described below include all entries received by the Bureau which would 

alter [plaintiff’s] sentence. 

{¶ 10} “4. I have reviewed [plaintiff’s] inmate file and the court records from his 

criminal case, which is identified as Lucas County case no. CR0200801976. 
{¶ 11} “5. On January 29, 2009, [plaintiff] was admitted to [defendant] to serve a 

mandatory sentence of three (3) years for Attempted Trafficking in Cocaine. A true and 

accurate copy of the Sentencing Entry dated January 23, 2009 is attached hereto as 

Exhibit A. 

{¶ 12} “6. The Bureau applied three (3) days of jail time credit as noted in the 

Sentencing Entry, as well as an additional five (5) days of credit for conveyance time for 

a total of eight (8) days of credit. 

{¶ 13} “7. A Nunc Pro Tunc Judgment Entry was filed on June 7, 2010 in the 

Lucas County Court of Common Pleas and received by our office shortly thereafter. 

This entry was to correct certain defects in the January 23, 2009 entry. However, such 

entry did not alter [plaintiff’s] sentence. The Court maintained in this entry that [plaintiff] 

was ordered to serve a mandatory three (3) year sentence. Jail time credit also 

remained unchanged. A true and accurate copy of the Nunc Pro Tunc Judgment Entry 

is attached hereto as Exhibit B. 

{¶ 14} “8. Based upon [plaintiff’s] sentence and the above-described credit, his 

release date has been calculated to be January 20, 2012. 

{¶ 15} “9. While in [defendant’s] custody, [plaintiff] has been imprisoned in 

accordance with the judgment entries issued by the Lucas County Court of Common 

Pleas in Case No. CR0200801976. No irregularities or other invalidating characteristics 

were noted in regards to the judgment entry issued in such case.” 

{¶ 16} An action for false imprisonment cannot be maintained when the 

imprisonment is in accordance with the judgment or order of a court, unless it appears 

such judgment or order is void on its face. Bradley v. Ohio Dept. of Rehab. & Corr., 

Franklin App. No. 07AP-506, 2007-Ohio-7150, ¶10; Fryerson v. Ohio Dept. of Rehab. & 

Corr., Franklin App. No. 02AP-1216, 2003-Ohio-2730, ¶17; Diehl v. Friester (1882), 37 

Ohio St. 473, 475. Thus, the state is immune from a common law claim of false 

imprisonment when the plaintiff was incarcerated pursuant to a facially-valid judgment 

or order, even if the facially-valid judgment or order is later determined to be void. 

Bradley, at ¶11; Likes v. Ohio Dept. of Rehab. & Corr., Franklin App. No. 05AP-709, 

2006-Ohio-231, ¶10. Facial invalidity does not require the consideration of extrinsic 
information or the application of case law. Gonzales v. Ohio Dept. of Rehab. & Corr., 

Franklin App. No. 08AP-567, 2009-Ohio-246, ¶10. 

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

{¶ 18} “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.” 

{¶ 19} Plaintiff did not file any affidavit to dispute the averments made by Adams. 

{¶ 20} Upon review of the sentencing entries that defendant has relied upon to 

incarcerate plaintiff, the court does not perceive any error which would draw into 

question the validity of the orders. Additionally, based upon the undisputed affidavit of 

Melissa Adams, the court finds that defendant has confined plaintiff pursuant to a valid 

court order at all times relevant. Thus, defendant cannot be liable for false 

imprisonment. 

{¶ 21} To the extent that plaintiff is challenging the sentence imposed upon him 

by the Lucas County Court of Common Pleas, it is well-settled that a plaintiff may not 

substitute an action in the Court of Claims for a right of appeal in a different court. See 

Hardy v. Belmont Corr. Inst., Ct. of Cl. No. 2004-09631, 2006-Ohio-623. “R.C. 2743.02 

does not embrace jurisdiction to review criminal proceedings occurring in courts of 

common pleas.” Donaldson v. Court of Claims of Ohio (May 19, 1992), Franklin App. 

No. 91AP-1218; see also Troutman v. Ohio Dept. of Rehab. & Corr., Franklin App. Nos. 

03AP-1240 and 04AP-670, 2005-Ohio-334. 

{¶ 22} Based upon the foregoing, the court finds that defendant is entitled to 

judgment as a matter of law. 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 

KEVIN BAKER 

 Plaintiff 

 v. 

OHIO DEPARTMENT OF REHABILITATION AND CORRECTION 

 Defendant 

Case No. 2010-07903 

Judge Alan C. Travis 

Magistrate Matthew C. Rambo 

JUDGMENT ENTRY

 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. 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: 

 
Jennifer A. Adair 

Assistant Attorney General 

150 East Gay Street, 18th Floor 

Columbus, Ohio 43215-3130 

Kevin Baker, #597-428 

Allen Correctional Institution 

P.O. Box 4501 

Lima, Ohio 45802 

MR/cmd 

Filed June 20, 2011 

To S.C. reporter August 2, 2011