Summary
The Ohio Supreme Court issued a per curiam opinion in a mandamus action brought by an inmate seeking public records under Ohio Revised Code section 149.43. The court found the request for a writ moot because the respondent had already produced the requested records, but awarded the relator $1,000 in statutory damages for the respondent's failure to timely comply with one of the requests. The court also denied the relator's motion for leave to file rebuttal evidence.
Topics
Practice areas
Questions Presented
- Whether the writ of mandamus is moot because the requested records have been provided.
- Whether statutory damages are appropriate for the inmate handbook request under R.C. 149.43(C)(2).
- Whether statutory damages are appropriate for the kite requests when the petitioner failed to show delivery to the proper respondent.
Holdings
- The writ of mandamus is denied as moot because the public office has provided the requested records.
- Statutory damages of $1,000 are awarded for the handbook request.
- No statutory damages are awarded for the kite requests because the petitioner did not show delivery of the request to the proper respondent.
Key quotations
““[U]pon request by any person, a public office or person responsible for public records shall make copies of the requested public record available to the requester at cost and within a reasonable period of time.”” (¶ 12)
““Statutory damages shall be awarded if a requester of public records transmits a written request to a public office by hand delivery, electronic submission, or certified mail and the public office or person responsible for public records fails to comply with its obligations under R.C. 149.43(B).”” (¶ 15)
Factual background
Inmate Patrick Adkins requested the Lebanon Correctional Institution inmate handbook and electronic "kites" via the institution's public‑information officer, Ellen Myers. Myers denied the handbook request citing an exemption and later provided the handbook and the kites after the mandamus action was filed. Adkins alleged improper redaction of one kite and sought statutory damages for the handbook and kite requests.
Procedural history
Original mandamus action filed in trial court and appealed to the Supreme Court of Ohio for resolution of writ and statutory damages issues.