2024 Ohio 770
Ohio2024Background
- Thomas Clark, an inmate at Lebanon Correctional Institution, submitted a public-records request for paper copies of commissary price lists via the prison’s electronic "kite" system in September 2022.
- Prison staff initially responded by referring Clark to electronic versions and failed to provide paper copies despite his repeated requests and grievance filings.
- Inspector Hoover granted Clark’s grievance but still did not provide paper copies; Clark appealed to the chief inspector, who denied the appeal due to the grievance being technically granted.
- Clark did not receive paper copies until April 2023, after he filed a mandamus action in the Supreme Court of Ohio seeking the records, statutory damages, and court costs.
- The Ohio Department of Rehabilitation and Correction (ODRC) delivered paper copies, albeit outdated, after the mandamus was filed.
- At issue was whether the ODRC's delay and subsequent delivery affected Clark's entitlement to the writ, statutory damages, and costs.
Issues
| Issue | Clark's Argument | ODRC's Argument | Held |
|---|---|---|---|
| Whether writ of mandamus should issue | ODRC failed to timely provide requested records | Writ moot as records ultimately provided | Denied as moot |
| Entitlement to statutory damages under Public Records Act | ODRC delayed, violating law; damages are due | No damages due: records aren’t public, improper recipient, etc. | $1,000 statutory damages |
| Whether court costs are warranted | Court should award costs as relief was warranted | No right to costs since writ denied or no bad faith | Denied |
| Nature of request (records vs. information) | Requested specific paper copies of lists | Request was for information, not actual records | Requested records, not info |
Key Cases Cited
- State ex rel. Cincinnati Enquirer v. Sage, 142 Ohio St.3d 392 (Ohio 2015) (standard for writ of mandamus under Ohio Public Records Act)
- State ex rel. Morgan v. New Lexington, 112 Ohio St.3d 33 (Ohio 2006) (differentiating requests for information vs. actual records)
- State ex rel. Ware v. Parikh, 172 Ohio St.3d 49 (Ohio 2023) (clarifying statutory damages limits for multiple related requests)
- State ex rel. Griffin v. Sehlmeyer, 165 Ohio St.3d 315 (Ohio 2021) (electronic communications as public records requests)
- State ex rel. Dehler v. Kelly, 127 Ohio St.3d 309 (Ohio 2010) (no stacking of damages for single records request)