Summary
This Supreme Court of Ohio slip opinion denies a writ of mandamus and a request for statutory damages filed by Kimani E. Ware against Canton Police Chief John Gabbard. The court found that Ware failed to meet his burden of proving by clear and convincing evidence that he properly submitted his public-records requests to the respondent or the correct police department address. Additionally, the court granted the respondent's motion to strike an affidavit filed by Ware after the evidentiary deadline without leave of court. Consequently, the writ is denied and the case is resolved in favor of the respondent.
Topics
Practice areas
Questions Presented
- Whether Ware is entitled to a writ of mandamus compelling the chief of police to provide the requested public records.
- Whether Ware is entitled to statutory damages under R.C. 149.43(C)(2).
- Whether Ware’s affidavit filed after the reply‑brief deadline should be stricken.
Holdings
- Ware is not entitled to a writ of mandamus because he failed to prove by clear and convincing evidence that he sent a public‑records request to the proper office.
- Ware is not entitled to statutory damages because his certified‑mail requests were not sent to the proper public office.
- The affidavit is stricken because it was filed after the reply‑brief deadline without leave of court.
Key quotations
“A writ of mandamus is an appropriate remedy to compel compliance with R.C. 149.43, Ohio’s Public Records Act.” (¶ 7)
“To obtain the writ, “the requester must prove by clear and convincing evidence a clear legal right to the record and a corresponding clear legal duty on the part of the respondent to provide it.”” (¶ 7)
Factual background
Relator Kimani E. Ware mailed three public‑records requests in December 2022, January 2023, and September 2023 to the address of the North Canton Police Department, mistakenly believing it was the Canton Police Department. The requests were never delivered to the Canton Police Department or Chief Gabbard. After receiving no response, Ware filed a mandamus action seeking the records and statutory damages.
Procedural history
Ware sent three public‑records requests to an incorrect address, received no response, and filed a mandamus action in the Ohio Supreme Court. The court issued an alternative writ setting briefing deadlines, Gabbard moved to strike Ware's late affidavit, and the court struck it. The court then held Ware failed to prove the requisite elements for a writ of mandamus or statutory damages.