2004-Ohio-884
Case No. 2003-05984.Court of Claims of Ohio.
Filed February 24, 2004.
Jerome T. Linnen, Jr., 789 West Market Street, Akron, Ohio 44303-1010, Attorney for Plaintiff.
William C. Becker, Assistant Attorney General, 150 East Gay Street, 23rd Floor, Columbus, Ohio 43215-3130, Attorneys for Defendant.
James Henshaw, Special Counsel to Attorney General, Ridgewood Centre, Suite 105, 1000 S. Cleveland-Massillon Road, Akron, Ohio 44333, Attorneys for Defendant.
JUDGMENT ENTRY
FRED J. SHOEMAKER, JUDGE.
{¶ 1} This case was tried to a magistrate of the court. On December 19, 2003, the magistrate issued a decision recommending that the court issue a judgment that Guy Marrelli is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over civil actions against him based upon the allegations in this case.
{¶ 2} Civ.R. 53(E)(3)(a) states: “A party may file written objections to a magistrate’s decision within fourteen days of the filing of the decision, regardless of whether the court has adopted the decision pursuant to Civ.R. 53(E)(4)(c). * * *” The parties have timely filed objections.
{¶ 3} Upon review of the record, the magistrate’s decision, and the objections, the court finds that the magistrate correctly analyzed the issues and applied the law to the facts. Therefore, the objections are Overruled and the court adopts the magistrate’s decision and recommendation as its own, including the findings of fact and conclusions of law contained therein. It is the judgment of this court that Guy Marrelli is entitled to civil immunity pursuant to R.C. 9.86 and 2743.02(F) and that the courts of common pleas do not have jurisdiction over civil actions against him based upon the allegations in this case. Pursuant to Civ.R. 54(B), this court makes the express determination that there is no just reason for delay. The clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal.