In the case Melton v. Ohio Dept. of Rehab. & Corr., 2021-Ohio-2995, the Ohio Court of Claims held that an inmate who performs labor is not an employee and there was not enough evidence to support both the negligence and defamation claims.
Here, the inmate argued that the employer’s negligence caused his injuries and the employer’s false statements about the incident negatively impacted his parole hearing. The prison argued that independent contractor is responsible for the inmate’s injuries.
The court reasoned that though there was a breach of internal regulations, this does not constitute negligence, and an inmate is not considered an employee in the traditional sense. The court
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Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.