ContractsProf Blog

Editor: Myanna Dellinger
University of South Dakota School of Law

Sunday, May 29, 2005

Cases: Nice try, no cigar

Ohio_flag Prisoners in the Ohio penal system have a "custodial" relationship with their prison, not a "contractual" one, according to a new decision by the Ohio Court of Appeals.

Inmate Daryl Dorsey, who'd made complaints about his current cellmate, found himself transferred to a smoking cell.  He sued the prison for breach of contract.  No dice, said the court.  In addition to the fact that he'd already made the claim and had it knocked out, he had no contract with the prison, and therefore there was nothing to be breached.

Dorsey v. Grafton Correctional Institution, 2005 Ohio App. LEXIS 2319 (Ohio Ct. App., May 19, 2005).

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