State ex rel. Evans v. Mohr

Summary

The Supreme Court of Ohio affirmed the dismissal of William H. Evans Jr.'s mandamus complaint against the director of the Ohio Department of Rehabilitation and Correction. The court held that mandamus could not compel removal of a federal detainer because the detainer had already been removed, rendering the claim moot. It also held that the court of appeals lacked original jurisdiction over Evans's declaratory-judgment request and that he could not seek monetary damages through a summary-judgment motion when those damages were not pleaded in the complaint.

Holdings

1. Mandamus will not issue to compel an act that has already been performed, and the completed removal of the detainer rendered Evans's mandamus claim moot.
2. Although courts generally may not rely on evidence outside the complaint to decide a Civ.R. 12(B)(6) motion, an event causing a case to become moot may be proved by extrinsic evidence without converting the motion to one for summary judgment.
3. The court of appeals correctly denied Evans's motion for declaratory judgment because Ohio courts of appeals lack original jurisdiction over claims for declaratory judgment.
4. A party may not assert a claim for monetary damages through a summary-judgment motion when the claim was not included in the complaint.

Questions Presented

1. Whether the court of appeals properly dismissed Evans's mandamus complaint as moot after the Department removed the federal detainer.
2. Whether the court of appeals could consider extrinsic evidence of mootness without converting the motion to dismiss into a motion for summary judgment.
3. Whether the court of appeals had original jurisdiction over Evans's request for a declaratory judgment.
4. Whether Evans could seek monetary damages through a summary-judgment motion when he had not pleaded a damages claim in his mandamus complaint.

Disposition

affirmed