f--IL.. Fli

t

-~..o.

COURT OF Cli.l.!l'-tS

OF OHIO

ZOl~ DEC II AM 9: 25

IN THE COURT OF CLAIMS STATE OF OIDO

JAMES W. SLATER,
ADMINISTRATOR/EXECUTOR
FOR THE ESTATE OF MICHAEL
FERRARA,JR
Plaintiff,

v.
TT~

s""' .

.......,~. ~

F.

If'.,.'I.§il' , ..

..a. ~-,L~ . ~ lfJ>..-4.--!i.'·'>lc.? , · 1\.i)'~'l.,k_.~
IN
c.ARE · '::. . . ,_. ·.. ,, ·

THE OHIO DEPARTMENT OF
REHABILAITATION AND
CORRECTIONS
770 West Broad St.
Columbus, OH 43222
and

JOHN DOE, WARDEN
(Official Capacity and Individual Capacity)
THE OHIO DEPARTMENT OF
REHABITLITATION AND
CORRECTIONS
Ross Correctiomil Institution
16149 State Rt. 104
Chillocothe, OH 456
and

JESSE CREAMER
(Individual and Official Capacity)
IN CARE OF

)

)

CASE NO.:

)

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

2014-00963·

JUDGE

COMPLAINT

)
)
)
)
)
)
)
)
)
)
)
)
)
)
1

 JESSE CREAMER ESTATE
16149 State Rt. 104
Chillocothe, OH 45601

)
)
)

~d

)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)
)

JOHNDOE
SUPERVISOR OF JESSE CREAMER
16149 State Rt. 104
Chillocothe, OH 45601
~d

LOGAN MURPHY
(Individual capacity)
INCAREOF
THE OIDO DEPARTMENT
OF REHABILATION AND
CORRECTIONS
16149 State Rt. 104
Chillocothe, OH 45601
Defend~ts

INTRODUCTION

1. This is a Complaint for Wrongful Death, Assault, Battery, Negligent Supervision, Failure
to Train, as well as a violation of constitutional rights guar~teed in the 8th Amendment
~d

the 14th Amendment to the U.S Constitution. Plaintiff seeks a ruling denying

immunity to the guilty parties, thereby allowing parties to move forward not only in this
court but the U.S District Court for blat~t violations of the constitutional rights of the
deceased.

2

 PARTIES
2. James W. Slater has been appointed executor of the Estate of the deceased Michael A.
Ferrara Jr. (see Exhibit #1).
3. Defendants, State of Ohio through the Ohio Departments ofRehabilitation and
Corrections (ODRC) is charged with the responsibility of assuring that inmates are
properly cared for and protected from abuse while incarcerated in said institution.
4. Defendant, John Doe, (actual name to be provided in discovery) Warden of ODRC of
Ross Correctional Institution (Warden) is charged with the responsibility of training and
implementing policies and procedures to ensure that inmates are properly protected while
serving time in the correctional facility. Warden is sued in his/her individual and official
capacity.
5. Defendant, Jesse Creamer (Creamer) was a correction officer charged with the
responsibility of protecting inmates from unreasonable assaults. On information and
belief, Creamer committed suicide on or about January 12, 2103. However, the Creamer
Estate is sued in its individual and official capacity.
6. John Doe, (actual name to be provided in discovery) is a supervisor with the ODRC
(Supervisor). As a supervisor, he/she was charged with the responsibility of assuring that
Creamer and others properly performed their function and duties. John Doe is sued in his
individual and official capacity
7. Plaintiff demands that Warden, Creamer and Supervisor be denied individual immunity
for the blatant violation of Michael Ferrara's constitutional rights.

3

 8. Logan A. Murphy (Murphy) is an inmate in the ODRC facility in Ross Correctional
Institution. On information and belief, Murphy had a violent and criminal past which
made him a danger to the general inmate population.

STATEMENT OF THE FACTS
9. On or about November 23, 2009 Plaintiff states the deceased Michael A. Ferrara, Jr
(Ferrara) was placed in the control and custody of ODRC, based upon his conviction for
several general nonviolent felony offenses.
10. Ferrara was to receive a four year sentence and was scheduled to be release on or about
January 13, 2013.
11. On information and belief, Ferrara was transferred to the Ross Correctional Institution in
Chillicothe Ohio (Ross) on or about July 25, 2012. Upon Ferrara's screening and review,
it was determined by the official at the ODRC that he was a low level inmate easily
"manipulated and taken advantage of" thus in need of proper control and supervision to
be kept away from violent and offensive inmates. Warden failed to protect Ferrara.
12. On or about October 22, 2102 Ferrara was sexually assaulted by two inmates. This
assault was reported to defendants and ODRC officials in particular Warden and
Supervisor. Ferrara asked for and was reassigned to another location within the Ross
Correctional Facility. Again, Warden failed to protect Ferrara.
13. On or about November 26, 2012, Ferrara was sexually assaulted again. The third sexual
assault was known by all ODRC officials and defendants. Ferrara suffered extreme pain
and was a victim of gross sexual cruelty. However the defendants failed to take proper
actions for the protection of Ferrara.
4

 14. On or about January 10, 2013, Ferrara was placed in a cell with a violent and abusive
inmate by the name of Murphy. Murphy and other inmates were lying in wait for
Ferrara. This was common knowledge in the institution and know by all defendants. All
defendants were aware of Murphy's passed screening. Defendants knew that there would
be a high probability that Ferrara could be attacked again by violent inmate Murphy.
However defendants failed to take proper action.
15. Creamer was assigned to make rounds through the cell area in the early morning hours of
January 11, 2013. Prison rounds are to be made a minimum of every 30 minutes.
16. However, Creamer with support, knowledge and approval from the Warden and
Supervisor Doe failed to make rounds for a period of two hours.
17. When Creamer finally did make rounds Ferrara had been assaulted, strangled and killed
by Defendant Murphy (See Exhibit #2)
18. Creamer later committed suicide on or about November January 12, 2013.
19. Ferrara's death is one of a series of killings at Ross, yet the State of Ohio, Warden, and
others fail to take appropriate actions to protect vulnerable inmates
20. Ross is a death camp, unless this court acts, other inmates are sure to die. Thus injunction
action must be taken.

FIRST CAUSE OF ACTION
Wrongful Death
21. Plaintiff incorporates the Statement of the Facts and previous announcements within this
First Cause of Action as if fully rewritten herein.

5

 ..------------------------------~~---

-------

22. Ferrara is survived by his loving father, Michael Ferrara Sr., his loving mother Louise
Ferrara, and loving sibling all of whom are beneficiaries to this action.
23. Ferrara's beneficiaries suffered damages from his loss and support and from Ferrara's
reasonable expectations of future earning capacity. Further, the plaintiff suffered the loss
of society over his life expectation, including loss of companionship, consortium, care,
assistance, protection, advice, attention, counsel, training and education.
24. Further, Ferrara's heirs suffer loss of prospective inheritance.
25. Ferrara's beneficiaries further suffered damages of mental anguish based upon the nature
of the death.
26. The decedents further had to pay reasonable funeral and burial expenses.
27. Further the Executor brings to this court an action for injury and damages prior to
Ferrara's death.
28. Plaintiff further states the assault and intentional and malicious conduct of all defendants
were permanent to Ferrara resulting in his death on January 11, 2013.
29. Further the beneficiaries suffered medical expenses prior to his death
30. Further beneficiaries suffered pain, anguish, humiliation and severe emotional distress,
anxiety, and anguish as a result of his injuries.
31. WHEREFORE, Plaintiff demands for wrongful death a judgment in favor of plaintiff and
against all defendants in excess of $25,0000 as and for compensatory damages
Costs, pre judgment, post judgment, and any other relief this Court may deem as fair and
equitable. Including injunctive reliefinjoining the defendants, their agents or successors
from any further acts.

6

 SECOND CAUSE OF ACTION
Negligent Supervision and Training

32. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action in Second Cause of Action as if fully rewritten
herein.
33. Plaintiff state that the defendants have a history of negligent supervision and training.
Thereby causing death and serious injury to vulnerable inmates in violation of 42 USC
1983 and the

gTH

and 14th Amendments to the U.S Constitution. Said

negligent/intentional supervision and training has caused Ferrara's death. All named
individuals should be held responsible for said acts.
34. WHEREFORE, Plaintiff demands for negligent/ intentional supervision and training in
violation of the

gth

and 141h Amendment and 42 USC1983 compensatory damages from

all defendants in excess of $25, 0000. Punitive damages in excess of $25,000 from
individual state actors, attorney fees, costs, and any other relief this Court may deem as
fair and equitable including injunctive relief.

TIDRD CAUSE OF ACTION
gth

Amendment

35. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint in the First Cause of Action and Second Cause of Action in the Third Cause of
Action as if fully rewritten herein.

7

 36. Plaintiff state that the 8TH to the U.S Constitution prohibits excessive imposition of cruel
and unusual punishment. Defendants used their state positions in violation of 42 USC
1983 to violate the 8th Amendment.
37. WHEREFORE, Plaintiff demands for violation of the 8th and 4 2USC 1983 compensatory
damages from all defendants in excess of$25, 0000. Punitive damages for all wrong
doers who used their state action to commit crimes in excess of$25,000 from individual
state actors, attorney fees, costs, and any other relief this Court may deem as fair and
equitable including injunctive relief.

FOURTH CAUSE OF ACTION
14™ Amendment

38. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action, Second Cause of Action and Third Cause of
Action, in the Fourth Cause of Action as if fully rewritten herein.
39. Plaintiff states that the action of the defendants is clearly a violation of 42 USC 1983 and
the 14th to the U.S Constitution in that the defendants used their authority to deny equal
access and due process under the law.
40. Plaintiff states the defendants ignored the screening process, and directly and
intentionally placed plaintiff Ferrara is a position where he would be attacked and
ultimately killed. Ferrara was entitled to a full hearing and requested as such before his
death. However defendant refused, or otherwise failed to act in a reasonable manner.
41. WHEREFORE, Plaintiff demands for violation of the 14th Amendment and 42 USC 1983
compensatory damages from all defendants in excess of $25, 0000. Punitive damages

8

 from individual defendants in excess of $25,000 from individual state actors, attorney
fees, costs, and any other relief this Court may deem as fair and equitable including
injunctive relief.
FIFTH CAUSE OF ACTION
Denial of Immunity and Injunctive Relief

42. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action, Second Cause of Action and Third Cause of
Action, and Fourth Cause of Action, in the Fifth Cause of Action as if fully rewritten
herein.
4 3. Plaintiff states that the action of the defendants demands that this court denies immunity
to the defendants under 42 USC 1983 and the 8th and 14th Amendments.

44. Plaintiff specifically request a hearing on the immunity issue.
45. Plaintiff request the Court of Claims to specifically deny the immunity to state actors

46. WHEREFORE, Plaintiff demands that immunity be denied under 42 USC 1983 as a
violation of the 8th and 14th amendment. Plaintiff further demands that this court allow
the plaintiffs to move forward in Federal Court against the individual defendants and
grant injunctive relief against the defendants.
SIXTH CAUSE OF ACTION
ASSAULT

47. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action, Second Cause of Action and Third Cause of

9

 Action, Fourth Cause of Action, Fifth Cause of Action, in the Sixth Cause of Action as if
fully rewritten herein.
48. Plaintiff states that the defendant Murphy assaulted, attacked and injured Ferrara.
Murphy placed Ferrara in a fear for his life and was in a position to act on this threats.
49. Murphy threatened and ultimately carried out his assault.
50. Plaintiff further states that the co-defendants also placed Ferrara in a position where he
felt threatened.
51. The co-defendants threat was ultimately carried out.
52. WHEREFORE, Plaintiff demands against all defendants compensatory damages for.
assault in excess of $25, 0000. Punitive damages from individual defendants in excess of
$25,000 attorney fees, costs, and any other relief this Court may deem as fair and
equitable including injunctive relief.

SEVENTH CAUSE OF ACTION
BATTERY

53. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action, Second Cause of Action and Third Cause of
Action, Fourth Cause of Action, and Fifth Cause of Action, and Sixth Cause of Action, in
the Seventh Cause of Action as if fully rewritten herein.
54. Plaintiff states that the defendant Murphy strangled Ferrara and otherwise attacked his
person.

10

 55. Plaintiff further states that co-defendants by not taking action, allowed, participated and
condoned the battery. Thereby being equally responsible as state actors under 42 USC
1983 and the gth and 14th Amendments.
56. WHEREFORE, individual defendants are just as liable as Murphy for the battery
compensatory damages for the battery.
57. WHEREFORE, Plaintiff demands that all defendants be found liable under battery and
plaintiffbe granted compensatory damages for battery in excess of$25, 0000. Punitive
damages from individual defendants in excess of $25,000 attorney fees, costs, and any
other relief this Court may deem as fair and equitable.
EIGHT CAUSE OF ACTION
Injunctive Relief

58. Plaintiff incorporates the previous Statement of the Facts, announcements in this
complaint and the First Cause of Action, Second Cause of Action and Third Cause of
Action, Fourth Cause of Action, and Fifth Cause of Action, Sixth Cause of Action,
Seventh Cause of Action, in the Eight Cause of Action as if fully rewritten herein.
59. Plaintiff states that it is entitled to injunctive relief against the defendant actors.
60. Plaintiff state the wrong does i.e. state employees acted under color of state law and
violation of 42 USC 1983 and the gth and 14th Amendments.
61. Plaintiff requests the injunctive relief in joining the defendants, agents, successor and as
signs from any further acts in denying vulnerable inmates the right and privilege to be
separated from violate inmates.

11

 Respectfully submitted,

ED~ILB
Is/

E/war~. Gilbert

Edward L. Gilbert (0014544)
Edward L. Gilbert Co., L.P .A.
One Cascade Plaza, Suite 825
Akron, OH 44308
(330) 376-8855 Telephone
(330) 376-8857 Fax
egilbert@edwardlgilbert.com

12

 PROBATE COURT OF CUYAHOGA COUNTY, OHIO
ANTHONY J. RUSSO, PRESIDING JUDGE
LAURA J. GALLAGHER, JUDGE

ESTATE OF: MICHAEL FERRARA JR DECEASED

Case Number: 2014EST202408

ENTRY APPOINTING FIDUCIARY; LETTERS OF AUTHORITY
{For Executors and all Administrators)

Name of Fiduciary: JAMES W. SLATER
On hearing in open court the application of the above fiduciary for authority to administer decedenrs estate, the
Court finds that
Decedent died (check one of the following)
CJ testate
lEI intestate
on 01/11/2013, domiciled In SOUTH EUCLID, OH 44121.
(Check one of the following)
CJ Bond is dispensed with by the Will
CJ Bond is dispensed with by law. ·

Applicant has executed and filed an appropriate bond. which is approved by the Court: and

[i]

Applicant is a suitable and competent person to execute the trust
The court therefore appoints applicant as such fiduciary, with the power conferred by law to fully administer
decedent's estate. This entry of appointment constitutes the fiduciary's letters ,of authority.

11/1412014
Date appointed
CERTIFICATE OF APPOINTMENT AND INCUMBENCY
The above document Is a true copy of the original kept by me as custodian of the records of this Court. It
constitutes th~ ~ppointment and letters of .authority of the named fiduciary, who is qualified and acting In such capacity.

. ...

.

.

....

. ·.-:

.

-.
.

~ :_ i$-?l·~
..

... - ..·

ANTHONY J. RU,SSO, PRE DING JUDGE

. . (Seal)

...
11/14/2014
Issue Date

ISSUED 11/14/2014 10:57:18 BY: MJS.
.
ES4-5 ·ENTRY APPOINTING FIDUCIARY; LETTERS OF AUTHORITY

 ha.-




33*Qem?am': oil-Hm ..
an}.   in?   WALg?js-ngg - 
"g1   gainmp?momam 23WW?m-wm- 3&3? FHi?g-??a?aooamm
5%  as?; ?341?; 'a?fiman
MICHAEL A FERRARA 
a 

 

Am I
?Mr:

 

 

*amaumsw' 
OHIO


4270 NEVILLE. RD

 

 

 




  

.. .m?m 
tnUSAmndFomm 1 Mums .. qumm
2 ?ever ?e ?x 1,32: 9?
129mm? um r- .19 . 
HIGH SCHOOLIGRADUATE a a: - -- gig; 
cap - ?em-I . -

   

s.  urn-m Wm)
L, 33$an ?1 1. .2011?UTH 

up.

 
ag.meacm?m?m
Yes a

 

 

  

 

    

 

?ag-ff Null? 

A FERRARA SR
17:. mm: Nam .

?Lou-Is?sr?w 



 

   

J1. . .

 $51.35* - I 
 Ho it 1-i Waive!  
 15:3:an not 1 


?0m

- 

 

682467
2013005114

m_ 
. I . 
cremation  a. 





u?l


 

.


 

 

 

 try-m1an I
005839

  
  

 

- ?Emmaga?fgn


 EMW 
-18114601111!!ch

I l?nd may" 31? 


- FUNERAL HOME
  

1,1.  om.

1mm

 

 

un'

 

a. 





ngfgaw

.GREENFIELD .vmi": - . u. I: 
MINER DEBBIE   ii?g?'zgi'e, . . - . 5-4:
 cm 35. .7 
mm aia?i?m?r?sa-a?mw - . wag-gum  it:  ta, - 
,1 J.  a?j-g. - haw; any??!  ll: flip-II} f- 5? .H 7
"wreath anus-wig; plau'i" Hummus-w. Imam?. 
M-- 'qfi?fr'y 'kiazr a,
@539 - . 
Deputy 00?? 35.085056 . 1gnew.gz.5: firCAUSE =Iza'5?1r 
.



i