State Ex Rel. Bardwell v. Cuyahoga County Board of Commissioners
127 Ohio St. 3d 202
| Ohio | 2010Background
- Bardwell, pro se, sought public records from the Cuyahoga County prosecutor on March 26, 2009, including the records-retention schedule, communications about the Medical Mart project, and drafts of related development agreements.
- The prosecutor provided Bardwell with the records-retention schedule and non-privileged communications but deniedDisclosure of drafts as attorney-client privileged, indicating drafts would be released when finalized.
- Bardwell then filed a mandamus complaint in the Eighth District Court of Appeals seeking drafts and other records.
- The court of appeals issued a show-cause order and, after a hearing, concluded Bardwell acted in bad faith and imposed Civ.R. 11 sanctions.
- Bardwell appealed, challenging the sanctions, and this court reviewed for abuse of discretion, given the public-records context and potential chilling effect on access to records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the court of appeals abused its discretion by sanctioning Bardwell under Civ.R. 11. | Bardwell argues there was no bad-faith filing; the record supports good ground for the mandamus. | The county contends Bardwell acted with willful bad faith and without good ground. | No abuse of discretion; sanctions upheld. |
Key Cases Cited
- Slater v. Motorists Mut. Ins. Co., 174 Ohio St. 148 (Ohio 1962) (bad faith requires dishonest purpose or intent to mislead; Civ.R. 11 sanctions require willful conduct)
- Cross v. Ledford, 161 Ohio St. 469 (Ohio 1954) (review standard; deference to trier of fact when conflicting evidence exists)
- Knapp v. Edwards Laboratories, 61 Ohio St.2d 197 (Ohio 1980) (transcript necessity and record adequacy under App.R. 9(B))
- Dreamer v. Mason, 115 Ohio St.3d 190 (Ohio 2007) (abuse-of-discretion standard for Civ.R. 11 sanctions; requires competent evidence)
- Hoag v. Lucas Cty. Bd. of Elections, 125 Ohio St.3d 49 (Ohio 2010) (preserves regularity presumption when record is incomplete; need sufficient evidence)
- Dreamer v. Mason, 115 Ohio St.3d 190 (Ohio 2007) (abuse-of-discretion standard for Civ.R. 11 sanctions; requires competent evidence)