YOUNGSTOWN Inmate loses bid to shed vexatious litigator label

It's the third time since April 2001 that the Boardman man has lost in court.
By BOB JACKSON
VINDICATOR COURTHOUSE REPORTER
YOUNGSTOWN -- An imprisoned Boardman man has lost another round in his fight for the right to file civil actions against Mahoning County officials.
In a decision handed down this week, the 7th District Court of Appeals affirmed its June 2002 ruling that Donald A. Harmon is a vexatious litigator.
Judge James C. Evans of Mahoning County Common Pleas Court was the first to slap the label on Harmon in April 2001.
As a vexatious litigator, Harmon cannot file any legal actions in any court without first getting approval from a judge. He also must get court approval to continue any cases he has pending.
The ruling applies to any municipal, misdemeanor or felony court in Ohio, and the Ohio Court of Claims.
Harmon had filed motions asking the appellate court to reconsider its prior ruling, but the court refused.
Reaction
Prosecutor Paul Gains, who originally filed the vexatious litigator action against Harmon in 1999, was not surprised.
"He's already been declared a vexatious litigator," Gains said. "The court has taken another look and decided that nothing's changed."
A vexatious litigator is someone who "habitually, persistently, and without reasonable grounds engages in vexatious conduct in a civil action or actions," according to court documents.
Gains said Harmon has a long history of suing county officials. The prosecutor's office has spent countless hours responding to the actions, which were frivolous and meant only to harass people, Gains said.
Harmon is serving a prison sentence for drug and assault charges.
In court documents, Gains cited nine civil complaints Harmon had filed from prison against various county officials and lawyers. The actions were mailed to the clerk of courts for filing.
bjackson@vindy.com