this inmate lost

[scoopster]

http://www.sconet.state.oh.us/rod/do...-ohio-3314.pdf

inmate told to clean ovens, given rubber gloves, no training, chemicals soak into his pants on his hands and knees. if he refuses he gets written up.

{¶19}

"[i]t is well-established that an inmate who is injured while working in a
prison shop or industry may assert a cause of action for negligence." McElfresh v. Ohio Dept. of Rehab. & Corr., 10th Dist. No. 04AP-177, 2004-Ohio-5545, ¶15. To prevail on a negligence claim, the plaintiff must establish that: (1) defendant owed him a duty; (2)defendant breached that duty; and (3) the breach proximately caused his injuries. Id., citing Chambers v. St. Mary's School, 82 Ohio St.3d 563, 565, 1998-Ohio-184.

[katydidit17]

and at the end....who won? I gave up reading it

[katydidit17]

duh.....if I had taken time to read the opening.......garcon, more coffee please !

[scoopster]

This case was done by long eperienced attorney Richard Swope in Columbus

I read another case inmate lost, was assaulted with lock in sock, hit him in his eye. Institution would not investigate. I/m sued wanting an investigation, but the I/m only did an informal complaint, he failed to appeal all the way up to chief inspector, which is exhausting your administrative remedies. The court threw his case out. He had to have surgery.

The inmate should've filed with OSHP under 124.34 against institution investigator.

Under the Prison litigation reform act 1996, all inmates must exhaust all administrative remedies before filing into the courts when suing the ODRC civily.