FROM JUDGMENT ENTERED IN THE COURT OF COMMON PLEAS COUNTY OF
SUMMIT, OHIO CASE No. CV-2017-08-3304
DERRICK MARTIN KING, pro se, Appellant.
MICHAEL DEWINE, Attorney General, and THERESA R. HANNA,
Assistant Attorney General, for Appellee.
BEVAN WALSH, Prosecuting Attorney, and JOSEPH R. MCALEESE,
Assistant Prosecuting Attorney,
DECISION AND JOURNAL ENTRY
JENNIFER HENSAL JUDGE.
Derrick King appeals a judgment of the Summit County Court of
Common Pleas that dismissed his declaratory judgment action
under Civil Rule 12(B)(6). For the following reasons, this
Mr. King was receiving benefits from the Disability Financial
Assistance program at the time the General Assembly ended the
program. After the Summit County Department of Job and Family
Services notified Mr. King that his benefits would be ending,
Mr. King filed a declaratory judgment action against its
director, Patricia Divoky, and the director of the Ohio
Department of Job and Family Services, Cynthia Dungey,
seeking a declaration that the repeal of the program violated
his federal due process rights, his state and federal equal
protection rights, and his right to safety under the Ohio
Constitution. He also sought to enjoin the directors from
terminating his benefits.
The directors moved to dismiss Mr. King's complaint under
Rule 12(B)(6), arguing that he had failed to state a claim
upon which relief could be granted. They also opposed his
request for injunctive relief. Mr. King opposed their
motions, but the trial court dismissed his complaint,
concluding that its "scant factual allegations"
failed to support his argument that the repeal of the benefit
program deprived him of due process of law, was not
rationally related to a legitimate government purpose,
deprived him of safety, or violated his right to equal
protection of the laws. The court also concluded that Mr.
King's factual allegations did not support his assertion
that the directors had deprived him of his constitutional
rights or establish that he was entitled to injunctive
relief. The court also denied Mr. King's motion for a
temporary restraining order and preliminary injunction. Mr.
King has appealed, assigning three errors.
ASSIGNMENT OF ERROR I
THE TRIAL COURT ERRED WHEN IT DISMISSED THE CASE.
ASSIGNMENT OF ERROR II
THE TRIAL COURT ERRED IN ITS FINDINGS THAT KING'S
COMPLAINT FOR DECLARATORY JUDGMENT FAILED TO STATE A CLAIM
FOR RELIEF, AS R.C. 812.40 AND OTHER CHANGES WHICH PERTAIN TO
THE ELIMINATION OF DISABILITY FINANCIAL ASSISTANCE PROGRAM AS
ENACTED BY 2017 AM. SUB. H.B. 49, 2017 OHIO LAWS FILE 10, ARE
UNCONSTITUTIONAL UNDER THE ...