A final judgment on the merits issued by a court of competent jurisdiction pursuant to its power of review under Chapter 2506 of the Revised Code, on claims brought under this chapter, does not preclude later claims for damages, including claims brought under 42 U.S.C. § 1983, even if the common law doctrine of res judicata would otherwise bar the claim.

Terms Used In Ohio Code 303.65

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
  • Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.

The general assembly intends that this section be construed to override the federal sixth circuit court of appeals’s decision in the case Lavon Moore v. Hiram Twp., 988 F.3d 353 (6th Cir. 2021).

The Legislative Service Commission presents the text of this section as a composite of the section as amended by multiple acts of the General Assembly. This presentation recognizes the principle stated in R.C. 1.52(B) that amendments are to be harmonized if reasonably capable of simultaneous operation.

Last updated August 30, 2023 at 3:32 PM

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