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Bonds v. Ohio Dept. of Rehab. & Corr.12/3/1996
LAZARUS, Judge.
Plaintiff-appellant, Beulah Bonds, appeals from a judgment of the Court of Claims in favor of defendant-appellee, the Ohio Department of Rehabilitation and Correction ("DRC"). We affirm for the reasons that follow.
On March 17, 1992, Walter Howard Sayre burglarized appellant's Summit County home and raped her. Appellant alleges that her injuries were proximately caused by the negligence of DRC, which released Sayre from the Lorain Correctional Institution ("LCI") on February 21, 1992. Appellant alleges that releasing Sayre was negligent because DRC had received and was aware of a detained from the state of Florida and because DRC miscalculated Sayre's release date and released him early. The issue of liability was tried on stipulated facts and exhibits. The court found that DRC owed appellant no duty and that DRC correctly calculated Sayre's release date. Appellant asserts two assignments of error:
"I. The trial court erred as a matter of law in not finding that there was an intervening justification for Walter Sayre's confinement because there was a valisdemand for extradition pursuant to R.C. 2963.03, Florida notified Ohio of its intent to extradite Sayre, and the waiver of extradition waived the procedural requirements for extradition.
"II. The trial court erred as a matter of law in holding that the Lorain Correctional Institution properly calculated the time for good behavior."
On October 21, 1991, Akron police arrested Sayre for drug trafficking and conducted a "wants and warrants" search on the nationwide Law Enforcement Automated Data System ("LEADS"). As a result of this computer inquiry, the Osceola County, Florida, Sheriff's Office on October 30, 1991, sent Akron police a teletype identifying Sayre by name and Social Security Number. The text of the teletype read:
"WE HOLD ACTIVE WARRANT # CR91717 FTA/CTI FORGERY, CTI UTTERING A FORGERY. THERE IS NO BOND. PLEASE PLACE A HOLD FOR THIS AGENCY AND ADVISE WHEN HOLD HAS BEEN PLACED. WE WILL EXTRADITE. PLEASE ACKNOWLEDGE RECEIPT OF THIS TELETYPE. THANK YOU."
An Akron police detective acknowledged the teletype and obtained a fugitive warrant compelling Sayre's appearance in court for purposes of commencing extradition proceedings.
On December 19,1991, Sayre appeared before the Akron Municipal Court and in the presence of his attorney signed a "waiver of extradition" form. By signing the form, Sayre consented to return to Osceola County, Florida, without formal extradition proceedings. On the same form, the judge signed the following order:
"The above named fugitive having been arraigned before this Court and having been informed of his rights to demand extradition and the said fugitive having indicated a willingness to return to the State of Florida and having excused a waiver of extradition now, therefore, it is ordered and directed that the said fugitive be delivered and surrendered to the authorized agent of the demanding State."
That same day, Akron police sent the Osceola County Sheriff the following teletype:
"REF: Sayre, Walter H DOB 111470, subject appeared in court this date and signed a waiver of extradition. Information will be forwarded to the Summit Co. S.O. to be placed in his file. Subject still has felony case pending. Futher [sic ] communication ret subject should be through the Summit Co S.O..[sic ] If we may be of further assistance please advise."
On December 26, 1991, Sayre pled guilty in the Summit County Court of Common Pleas to trafficking in marijuana. On January 22, 1992, while still in thscustody of the Summit County Sheriff,
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