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Mavroudis v. Ohio Department of Rehabilitation and Correction

Court of Appeals of Ohio, Tenth District

November 21, 2017

Daniel Mavroudis, Plaintiff-Appellant,
v.
Ohio Department of Rehabilitation and Correction, Defendant-Appellee.

         APPEAL from the Court of Claims of Ohio No. 2017-00138

         On brief:

          Rhys B. Cartwright-Jones, for appellant.

         Argued:

          Rhys B. Cartwright-Jones.

         On brief:

          Michael DeWine, Attorney General, and Christopher P. Conomy, for appellee.

         Argued:

          Christopher P. Conomy.

          DECISION

          BRUNNER, J.

         {¶ 1} Plaintiff-appellant, Daniel Mavroudis, appeals a May 17, 2017 judgment of the Court of Claims of Ohio dismissing his complaint for false imprisonment. Because we agree with the Court of Claims that Mavroudis failed to allege that his trial court sentencing entry was facially defective, we affirm the judgment of the Court of Claims dismissing his claim.

         I. FACTS AND PROCEDURAL HISTORY

         {¶ 2} On February 8, 2017, Mavroudis filed a complaint against defendant-appellee, Ohio Department of Rehabilitation and Correction ("ODRC"), alleging he had been falsely imprisoned on an invalid judgment entry. (Feb. 8, 2017 Compl. in passim.) Specifically, Mavroudis alleged that, following a guilty plea in case No. 13CR-1325, the Mahoning County Court of Common Pleas sentenced him to a total prison term of two years but purported to "suspend" the term and order him to serve five weekends in the county jail. Id. at ¶ 4-7. Despite the fact that the common pleas court never sentenced him to community control, the Mahoning County prosecutor's office filed for the finding of a probation violation against him in August 2014. Id. at ¶ 8. Following a probable cause hearing, in January 2015, the common pleas court found that there was probable cause for the violation and ordered Mavroudis held without bond until July 2015 when the court ordered him to serve the two years that had purportedly been "suspended." Id. at ¶ 9-10. On March 4, 2016, the Seventh District Court of Appeals found that the Mahoning County Court of Common Pleas had erred in imposing a prison term on Mavroudis and remanded the matter for an order discharging Mavroudis from prison. State v. Mavroudis, 7th Dist. No. 2015 MA 0146, 2016-Ohio-894, ¶ 13-14.

         {¶ 3} The Seventh District's decision, which is attached in full to Mavroudis' complaint, includes a more ...


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