Summary
The Supreme Court of Ohio denied Mark Griffin Sr.’s request for a writ of mandamus seeking the names of five inmates allegedly murdered at the Toledo Correctional Institution. The court held that the request sought information requiring the public-records custodian to create a new record by searching existing records, rather than requesting an existing record under Ohio’s Public Records Act. Justice Donnelly, joined by Justice Stewart, dissented, reasoning that responsive incident reports should have been produced with redactions.
Topics
Practice areas
Questions Presented
- Whether Griffin was entitled to a writ of mandamus compelling the public-records custodian to provide the names of five inmates allegedly murdered at the Toledo Correctional Institution.
- Whether a public-records request is improper under R.C. 149.43 when fulfilling it would require the custodian to search existing records and create a new list or record containing selected information.
Holdings
- A request for information that would require a records custodian to search existing records and create a new record containing selected information is an improper request under R.C. 149.43.
- Griffin was not entitled to a writ of mandamus because he failed to show by clear and convincing evidence that he had requested an existing record maintained by the Toledo Correctional Institution.
Key quotations
“Sehlmeyer did not have a duty “to create or provide access to nonexistent records.”” (¶ 4)
“Requests for information and requests that require the records custodian to create a new record by searching for selected information are improper requests under R.C. 149.43.” (¶ 6)
Factual background
Mark Griffin Sr., an inmate at the Toledo Correctional Institution, requested the names of five inmates allegedly murdered there between 2012 and 2014. The records custodian responded that no list containing the requested names existed and that a new record would have to be created. Griffin asserted that prison incident reports documenting the alleged murders existed and that the custodian should review them to compile the names.
Procedural history
Griffin submitted a public-records request to the custodian at the Toledo Correctional Institution seeking the names of five inmates allegedly murdered there. The custodian responded that no responsive list existed and that creating a record would be necessary. Griffin then filed an original mandamus action in the Supreme Court of Ohio; the court granted an alternative writ, received evidence and briefing, and denied the writ.