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Matthew Exum v. Ohio Department of Rehabilitation and Correction

August 22, 2011

MATTHEW EXUM
PLAINTIFF
v.
OHIO DEPARTMENT OF REHABILITATION AND CORRECTION DEFENDANT



Cite as Exum v. Ohio Dept. of Rehab. & Corr.,

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

Judge Joseph T. Clark

Magistrate Anderson M. Renick

MAGISTRATE DECISION

{¶1} Plaintiff brought this action alleging that he was assaulted by defendant's employees. The issues of liability and damages were bifurcated and the case proceeded to trial before a magistrate on the issue of liability.

{¶2} At all times relevant, plaintiff was an inmate in the custody and control of defendant at the London Correctional Institution (LCI) pursuant to R.C. 5120.16.

Plaintiff alleges that on October 8, 2007, LCI employees assaulted him.

{¶3} The Ohio Administrative Code sets forth the circumstances under which force may be lawfully utilized by prison officials and employees in controlling inmates. Ohio Adm.Code 5120-9-01(C) provides, in relevant part:

{¶4} "(2) Less-than-deadly force. There are six general circumstances in which a staff member may use force against an inmate or third person. A staff member may use less-than-deadly force against an inmate in the following circumstances:

{¶5} "(a) Self-defense from physical attack or threat of physical harm;

{¶6} "(b) Defense of another from physical attack or threat of physical attack;

{¶7} "(c) When necessary to control or subdue an inmate who refuses to obey prison rules, regulations or orders;

{ΒΆ8} "(d) When necessary to stop an inmate from destroying property or engaging in a ...


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