 |
 |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|
|
|
|
Archer v. Payne9/17/1999
CHARACTER OF PROCEEDING: Appeal from the Muskingum County Court of Common Pleas, Case No. CH98-0752
JUDGMENT: Affirmed
DATE OF JUDGMENT ENTRY: September 17, 1999
Plaintiff-appellant Richard K. Archer appeals the November 3, 1998 Decision and Judgment Entry entered by the Muskingum County Court of Common Pleas granting the motion to dismiss pursuant to Civ. R. 12(B)(6) and (C) of defendants-appellees Thomas Payne, et al.
STATEMENT OF THE FACTS AND CASE
This appeal arises out of a civil rights action under 42 U.S.C. Section 1983 filed by appellant against appellees. Sometime prior to September 23, 1994, the Knox County Grand Jury indicted appellant on felony offenses. Based upon the indictment, Knox County issued a felony arrest warrant. On September 23, 1994, the Muskingum County Sheriff's Department arrested appellant pursuant to the aforementioned warrant. Thereafter, appellant was held in the Muskingum County Jail. Appellant alleges, while incarcerated in the Muskingum County Jail, appellee Deputy Don Yarger of the Muskingum County Sheriff's Department prohibited appellant from contacting an attorney and/or having an attorney appointed for him. On October 14, 1994, appellant appeared before appellee Judge Thomas Payne of the Muskingum County Court for a hearing pursuant to Crim. R. 4(E)(1). Appellant alleges Judge Payne failed to allow him to consult an attorney despite his request to do so. Later that same day, Muskingum County turned appellant over to Knox County on the felony warrant. Appellee Deputy Robert Durbin of the Knox County Sheriff's transported appellant to the Knox County Jail. Appellant alleges, despite his request to speak with an attorney, Deputy Durbin repeatedly questioned him during the forty-five minute trip to Knox County and after the deputy booked appellant into the jail. On October 17, 1994, appellant appeared before Referee Cynthia D. Barbour in the Mount Vernon Municipal Court. Subsequently, an order to appoint counsel was filed. Appellant asserts his first opportunity to consult with an attorney occurred on October 28, 1994, at his arraignment before appellee Judge Otho Eyster of the Knox County Court of Common Pleas. On January 6, 1995, Judge Eyster conducted a suppression hearing relative to the issue of the continuous denial of appellant's requests for counsel as set forth supra. Appellant appeared at the hearing with his court appointed counsel, Knox County Public Defenders Fred Mayhew and Curt Zimansky, also appellees herein. The trial court denied appellant's motion to suppress. Appellant was ultimately convicted and sentenced to serve a five to fifteen year term of incarceration in the Ohio Department of Rehabilitation and Correction. On September 15, 1998, appellant filed a 1983 action in the Muskingum County Court of Common Pleas, seeking declaratory, monetary, and injunctive relief. Appellees filed a timely answer as well as a motion to dismiss and/or for judgment on the pleadings. Appellees asserted appellant's complaint was barred by the applicable statute of limitations, and barred by the doctrine of collateral estoppel pursuant to the United States Supreme Court's decision in Heck v. Humphrey (1994), 114 S.Ct. 2364. Via Decision and Judgment Entry dated November 3, 1998, the trial court granted appellees' motion pursuant to Civ. R. 12(B)(6) and (C). The trial court found the two year statute of limitations set forth in R.C. 2305.10 was applicable to the action; therefore, appellant's complaint was time barred. The trial court also found the action was barred by the doctrine of collateral estoppel. On November 30, 1998, appellant filed a motion for relief from judgment pursuant to Civ. R. 60. In support
Page 1 2 3 4 Ohio Personal Injury Attorneys
Personal Injury Lawyers
|
| |
to fill out a simple form to connect to Personal Injury Lawyers in your area.
|
|