Summary
The Supreme Court of Ohio affirmed the denial of Brian Keith Alford's petition for a writ of mandamus seeking interoffice communications and emails concerning the purchase of size-12EEE boots. The court held that Alford failed to establish by clear and convincing evidence that responsive records existed and were maintained by the Toledo Correctional Institution. Because the institution had no legal duty to create or provide access to nonexistent records, the mandamus claim was properly rejected.
Topics
Practice areas
Questions Presented
- Whether Alford established a clear legal right to production of the requested public records.
- Whether Toledo Correctional Institution had a legal duty to produce the requested records under Ohio's Public Records Act.
- Whether the court of appeals properly denied Alford's mandamus action.
Holdings
- A relator seeking a writ of mandamus to compel production under Ohio's Public Records Act must prove by clear and convincing evidence that the requested records exist and are maintained by the public office. Because Alford failed to show that Toledo Correctional Institution possessed any records responsive to his request, he had no legal right to their production and TCI had no legal duty to produce them.
Key quotations
““Mandamus is the appropriate remedy to compel compliance with R.C. 149.43, Ohio’s Public Records Act.”” (¶ 5)
“But to be entitled to a writ of mandamus, Alford must show, by clear and convincing evidence, that the records he requested exist and are maintained by TCI.” (¶ 5)
“Because Alford has not shown that TCI possesses any records responsive to his request, he has not established a legal right to the production of any records or shown that TCI has a legal duty to produce any records.” (¶ 7)
Factual background
Brian Keith Alford, a prison inmate, requested all interoffice communications and emails concerning the purchase and ordering of size-12EEE boots for him. Toledo Correctional Institution responded that no documents responsive to the request existed, although documents concerning the boots were contained in Alford's medical record and could be reviewed but not copied. Alford then sought a writ of mandamus compelling production of the requested records.
Procedural history
Alford submitted multiple requests for interoffice communications and emails concerning the purchase and ordering of size-12EEE boots. After receiving responses that no responsive documents existed, he filed an original mandamus action in the Sixth District Court of Appeals. That court denied the writ, and the Supreme Court of Ohio affirmed.