Ohio’s highest court has ruled that a magistrate judge can’t deny a motion to dismiss a complaint against him based on the color of his skin.
Magistrate Judge Michael F. Rafferty ruled that his decision to allow a motion for dismissal was unreasonable.
The Ohio Supreme Court is the highest court in the state and, according to the state’s constitution, has jurisdiction over all state agencies, including the Ohio Supreme Courts.
The decision means that if the complaint is brought by a white defendant, the case is dismissed.
In addition, the ruling states that the judge can consider race as a factor when determining whether to dismiss the complaint, but cannot consider race in deciding whether to grant a motion or dismiss.
“This is a win for all of us,” Ohio Attorney General Mike DeWine, who is representing the plaintiffs, said in a statement.
While the ruling is a big win for the state, it could be a setback for some of the plaintiffs who are challenging the judge’s decision.
Rafferty denied a motion last year to dismiss charges against him, based on a complaint from a woman named Sandra Pendergast.
Pendergenes claims that she was harassed and attacked by a man named James Rafferter in a Cleveland strip mall.
Raffter is black and Penderger is white.
The lawsuit alleges that Rafferters racist remarks led to her being assaulted and raped.
In March, a Cleveland judge dismissed the case, ruling that the city had not proved that the man who assaulted Pendergrasts did so to her.
After the ruling, Raffertt denied that his comments had anything to do with the assault.
Earlier this year, the Ohio Senate Judiciary Committee held hearings on the case.
The committee found that Rafferts comments did not appear to be related to the assault and that there was no evidence of racial bias.
Read more about this case here: https://twitter.com/OhioSupremeCourt/status/88148028890148791 The full court decision is here: https://www.youtube.com-t/0UeDY2lX7XU/live_blog Follow APMoney on Twitter at @APMoney and @CNBCNews.