2025 Ohio 475
Ohio Ct. Cl.2025Background
- Kevin Kearns requested copies of body camera footage and incident/arrest reports from the Boardman Township Police Department related to the July 24, 2023 arrest of Zoe Lovins-Clipse.
- Boardman did not provide the requested records for over a year, responding only after litigation was filed.
- During litigation, Boardman produced reports (with minor redactions that Kearns did not object to) and some, but not all, of the requested body camera footage.
- Redactions in the provided footage covered various categories, including MDT screens, license plate and VIN numbers, personal belongings, bystander images, and home addresses, with Boardman asserting statutory exemptions.
- The Special Master evaluated the propriety of Boardman's redactions and the timeliness of its response under Ohio public records law.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of arrest/report production | Reports not received; still owed | Reports already produced | Claim for reports moot; reports delivered |
| Sufficiency of body camera footage production | Not all responsive footage produced | Provided all available footage | More footage likely exists; must produce or certify all |
| Propriety of redactions | Most were improper and overbroad | Redactions necessary by statute | Most redactions improper; must unredact except license |
| Timeliness of records production | Delay unreasonable, over a year | No specific justification given | Delay unreasonable; violated statutory requirement |
| Recovery of fees/costs | Entitled due to violation of statute | Not clearly opposed | Kearns awarded fees and costs; respondent bears costs |
Key Cases Cited
- State ex rel. Cincinnati Enquirer v. Dupuis, 98 Ohio St.3d 126 (producing records during litigation moots the claim for those records)
- Welsh-Huggins v. Jefferson Cty. Prosecutor’s Office, 163 Ohio St.3d 337 (burden is on the public office to prove applicability of public records exemptions)
- State ex rel. Morgan v. Strickland, 121 Ohio St.3d 600 (reasonableness of a public records response depends on circumstances such as volume and complexity)
- State ex rel. Shaughnessy v. City of Cleveland, 142 Ohio St.3d 340 (timely response standards affected by record volume and complexity)
- State ex rel. Ware v. Bur. of Sentence Computation, 168 Ohio St.3d 489 (courts find even shorter delays than a year unreasonable for producing public records)