[Cite as Allen v. Ross Correctional Inst., 2010-Ohio-5221.]
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
MR. ROBERT M. ALLEN
Plaintiff
v.
ROSS CORRECTIONAL INSTITUTION
Defendant
Case No. 2010-03703-AD
Deputy Clerk Daniel R. Borchert
ENTRY OF DISMISSAL
On March 2, 2010, plaintiff, Robert M. Allen, filed a complaint against defendant,
Ross Correctional Institution. Plaintiff seeks to overturn the decision of the Rules
Infraction Board (RIB) concerning property determined to be contraband which was
subsequently destroyed or items over the property limit which were mailed out of the
institution. Plaintiff seeks damages of between $300 to $400.
On May 12, 2010, defendant filed a motion to dismiss. In support of the motion
to dismiss, defendant asserted plaintiff’s case should be dismissed on two grounds.
First, once plaintiff’s property is determined contraband, plaintiff has no right to possess
contraband property. And, second, this court has no subject matter jurisdiction to
review the decision of the RIB.
Plaintiff did not respond to defendant’s motion to dismiss.
Plaintiff has no right to assert a claim for contraband property he has no right to
possess. Radford v. Department of Rehabilitation and Correction (1985), 84-09071-AD.
An inmate’s appeal of a Rules Infraction Board decision does not relate to civil
Case No. 2010-03703-AD -2- ENTRY
law, a proper subject for adjudication pursuant to Chapter 2743 of the Ohio Revised
Code. Instead, the appeal relates to private rights and remedies involving criminal
proceedings and penalties imposed by a disciplinary board. Therefore, it falls outside
the court’s exclusive jurisdiction. Maynard v. Jago (1977), 76-0581-AD.
The Court of Claims does not have jurisdiction over decisions of the Rules
Infraction Board. Chatman v. Dept. of Rehabilitation and Correction (1985), 84-06323-
AD; Ryan v. Chillicothe Institution (1981), 81-05181-AD; Rierson v. Department of
Rehabilitation (1981), 80-00860-AD.
Therefore, defendant’s motion to dismiss is GRANTED. Plaintiff’s case is
DISMISSED. The court shall absorb the court costs of this case.
________________________________
DANIEL R. BORCHERT
Deputy Clerk
Entry cc:
Mr. Robert M. Allen, #168-630 Stephen A. Young
P.O. Box 56 Department of Rehabilitation
Lebanon, Ohio 45036 and Correction
770 West Broad Street
Columbus, Ohio 43222
DRB/laa
Filed 6/21/10
Sent to S.C. reporter 10/22/10