Terry Swalley v. State of Ohio, Case No. 2014-00854-WI

A wrongfully imprisoned Ohio man was awarded more than $30,000 for spending nearly a year and a half behind bars. The Court of Claims of Ohio approved the settlement on Jan. 29.

Terry Swalley, of Ashtabula, was charged with possessing materials to make methamphetamine – a third-degree felony – and was sentenced to two years in prison.

Swalley appealed the Ashtabula County Common Pleas Court’s ruling, and in May 2011, the Eleventh District Court of Appeals reversed the conviction and ordered Swalley be released from prison. The appeals court said there wasn’t enough evidence to convict Swalley as some chemical materials found weren’t directly in his possession and others were used to treat a skin infection.

After his conviction was overturned, Swalley filed a complaint for wrongful imprisonment, loss of income, emotional distress, and attorney fees. He was awarded $31,792 for spending 461 days behind bars from Feb. 3, 2010 until May 9, 2011.

The Court of Claims is given original jurisdiction to hear and determine all civil actions filed against the State of Ohio and its agencies.

To access information on other cases visit the Court of Claims website.

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