In response to the State of Ohio\u27s Motion to Strike / Motion to Dismiss, the Sheppard Estate argued that Ohio Revised Code did not require the initial proceeding in the Court of Common Pleas for a declaration of innocence to be a civil action (see ORC 2305.02). Only the second proceeding in the Court of Claims to obtain monetary damages from the State must be filed as a civil action (see ORC 2743.48). Note: ORC 2305.02 was later amended to specify that a civil action is required
