State ex rel. Dehler v. Kelly
127 Ohio St. 3d 309
| Ohio | 2010Background
- Dehler, an inmate, sought access to prison library records via mandamus under Ohio Public Records Act (R.C. 149.43).
- Dehler refused to pay the cost of copies; custodian did not provide copies free of charge.
- Court of appeals denied statutory damages under R.C. 149.43(C)(1).
- Trial court supported denial, relying in part on the belief that the records request could have been handled without damages.
- Majority affirms denial of statutory damages, holding the statutory framework and caselaw permit no damages under these facts.
- Dissent argues entitlement to $1,000 statutory damages under §149.43(C)(1) and criticizes the majority’s approach.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Dehler is entitled to statutory damages under §149.43(C)(1). | Dehler seeks damages for delay in providing records. | Custodians complied or could justify delays; no damages warranted. | No entitlement to statutory damages under the statute. |
| Whether damages may be avoided due to prepayment or copying costs. | Prepayment or non-prepayment policies should not bar damages. | Cost rules support not awarding damages when records are not provided promptly. | Costs rule aligns with denying damages in these circumstances. |
| Whether damages can be stacked for essentially the same records request. | Damages could reflect prolonged withholding of the same records. | Damages should not be stacked for the same records request. | R.C. 149.43(C)(1) does not permit stacking for essentially identical requests. |
| Whether the court should award the maximum statutory damages given delay. | The timeframe exceeded ten business days, warranting $1,000. | Court should not award damages beyond what applies for the case at hand. | Damages not awarded under the majority view; see dissent. |
Key Cases Cited
- State ex rel. Call v. Fragale, 104 Ohio St.3d 276 (2004-Ohio-6589) (costs at which copies must be provided; not free-of-charge)
- State ex rel. Galloway v. Cook, 126 Ohio St.3d 332 (2010-Ohio-3780) (affirming lower court reasoning when correct)
- State ex rel. Swain v. Bartleson, 123 Ohio St.3d 125 (2009-Ohio-4690) (context for public records moratoriums)
- State ex rel. Dehler v. Spatny, 127 Ohio St.3d 312 (2010-Ohio-5711) (discussion of breadth of records requests and penalties)
- State ex rel. Natl. Broadcasting Co., Inc. v. Cleveland, 38 Ohio St.3d 79 (1988-Ohio-526) (policy deference to institutional security)
- Briscoe v. Ohio Dept. of Rehab. & Corr., 2003-Ohio-3533 (2003 WL 21512808) (deference to prison administrators' policies)
- State ex rel. Doe v. Smith, 123 Ohio St.3d 44 (2009-Ohio-4149) (statutory damages cap at $1,000; daily limits)
- State ex rel. Rocker v. Guernsey Cty. Sheriffs Office, 126 Ohio St.3d 224 (2010-Ohio-3288) (liberal construction in favor of disclosure)
- State ex rel. Worrell v. Ohio Police & Fire Pension Fund, 112 Ohio St.3d 116 (2006-Ohio-6513) (no cross-appeal; limited writ analysis)