COURT OF APPEALS OF OHIO, EIGHTH DISTRICT
                         COUNTY OF CUYAHOGA
                             NO. 70477 
                                   :
S/O ex rel.                        :
CUYAHOGA METROPOLITAN              :
HOUSING AUTHORITY                  :
                                   :       JOURNAL ENTRY
          Relator                  :
                                   :            and
     -vs-                          :
                                   :          OPINION
                                   :
THE HONORABLE THOMAS J. POKORNY,   :      MOTION NO. 71983
JUDGE, CUYAHOGA COURT OF COMMON    :
PLEAS                              :
                                   :
          Respondent               :
                                   :
DATE OF ANNOUNCEMENT                                          
OF DECISION:
CHARACTER OF PROCEEDING:           Writ of Prohibition
JUDGMENT:                          Dismissed.
DATE OF JOURNALIZATION:            __________________________
APPEARANCES:
For Relator:                       For Respondent: 
STEPHANIE TUBBS JONES, ESQ.        TOM MCDONALD, ESQ.
Cuyahoga County Prosecutor         IRENE C. KEYSE-WALKER, ESQ.
CAROL SHOCKLEY, ESQ.               JOHN B. LEWIS, ESQ.
Assistant Prosecuting Attorney     Arter and Hadden
8th Floor Justice Center           1100 Huntington Bldg.
1200 Ontario Street                925 Euclid Avenue
Cleveland, Ohio  44113             Cleveland, Ohio  44115-1475
                                -3-
PATRICIA ANN BLACKMON, J.: 
     Relator's application for an alternative writ is denied.
     Sua sponte, we dismissed the relator's complaint for a writ of
prohibition  since  a  review  of  the  underlying  civil  case  of
"Maintenance Caucus  v. Cuyahoga  Metropolitan Housing  Authority,"
C.P. Case No. CV-305962, clearly fails  to demonstrate a patent and
unambiguous lack  of jurisdiction  on the  part of  the respondent.
State, ex rel.  Adams v. Gusweiler  (1972), 30 Ohio St.2d 326.  See
also, State, ex rel. Peeples v. Anderson (1995), 73 Ohio St.3d 559.
A review of the complaint as filed in the underlying action clearly
demonstrates   a  prayer  for  relief   that  is  premised  upon  a
deprivation of the right to due process of law as guaranteed by the
Fifth and Fourteenth  Amendments to the United  States Constitution
and a violation of Section 1983, Title  42, U.S. Code.  Rights that
are independent of R.C.  Chapter 4117, may  be properly heard in  a
court of  common pleas.   Franklin  Cty. Law  Enforcement Assn.  v.
Fraternal Order of Police, Capital City Lodge No. 9 (1991), 59 Ohio
St.3d 167, Weinfurtner v. Nelsonville-New York School Dist. Bd End.
(1991), 77 Ohio App.3d  348, Mullins v. Birchfield (1993),  88 Ohio
App.3d 170.
                                -4-
     Accordingly,  we  find  that  the  respondent  possesses   the
necessary  jurisdiction  to  entertain  a  Section 1983  claim  for
relief.
     Writ dismissed.  Costs to relator.
O'DONNELL, J., and
KARPINSKI, J., CONCUR.
                                   PATRICIA ANN BLACKMON
                                      PRESIDING JUDGE
                                -5-
.