2020 Ohio 3815
Ohio2020Background
- Relator Jonathan Hedenberg, then an inmate at North Central Correctional Complex (NCCC), sought: (1) word-processor and LexisNexis sign‑up sheets for Nov. 12, 2015–Feb. 8, 2016; and (2) logs/emails/maintenance requests or other records showing when certain Ricoh printers/copiers broke in Jan–Feb 2016.
- Requests were sent via the prison "kite" system to deputy warden Becky Joyce, warden Neil Turner, an employee "Potter," and an IT employee "Minchaka." Hedenberg later filed a mandamus complaint in August 2018 when he received no responsive records.
- The court ordered respondents to produce records for in camera review. NCCC submitted affidavits (Turner, finance manager Robyn Boden) attesting that responsive sign‑in sheets and printer service records do not exist or are not maintained by NCCC.
- Hedenberg submitted an unsworn "declaratory statement" claiming some historic logs existed or had been removed, but he did not rebut the affidavits or show the specific records still exist.
- The majority denied the writ and denied statutory damages and court costs, concluding the uncontroverted evidence showed no responsive documents existed and that kite delivery does not qualify for statutory damages. Justice Kennedy concurred in part and dissented in part, arguing NCCC unreasonably delayed and that a kite should count as hand delivery, entitling Hedenberg to statutory damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus should compel production of sign‑in sheets (word processor/LexisNexis) | Hedenberg: sign‑in logs existed historically and were maintained by former librarians; he was entitled to them | NCCC: any such sign‑in sheets were discarded/not retained; no responsive records exist | Denied — uncontroverted affidavits show records do not exist, so writ will not issue |
| Whether mandamus should compel production of printer/copier service records | Hedenberg: service logs/emails/work orders showing when printer broke should exist and be produced | NCCC: no service records are maintained by NCCC; service handled by contractor and records are not kept; some claimed exemption as "infrastructure" | Denied — affidavits show no responsive records; majority finds no record to compel |
| Eligibility for statutory damages and court costs | Hedenberg: NCCC delayed and misled, entitling him to statutory damages and costs | NCCC: no failure to comply that triggers statutory awards; kite delivery is not hand delivery/certified mail | Denied — kite delivery disqualifies him from statutory damages; no writ issued so mandatory costs not awarded; no bad‑faith basis for costs |
| Whether the prison "kite" qualifies as "hand delivery" for statutory‑damages statute | Hedenberg: kite constituted hand delivery (per dissent) | NCCC: kite is not hand delivery or certified mail; statute requires hand delivery/certified mail/electronic submission | Majority: kite does not qualify; Dissent (Kennedy): kite should count as hand delivery and would award damages |
Key Cases Cited
- State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288 (2006) (mandamus is appropriate remedy to enforce Public Records Act)
- State ex rel. Lanham v. Smith, 112 Ohio St.3d 527 (2007) (writ will not issue when uncontroverted evidence establishes requested records do not exist)
- State ex rel. Martin v. Greene, 156 Ohio St.3d 482 (2019) (statutory damages require delivery by hand, electronic submission, or certified mail)
- State ex rel. Cordell v. Paden, 156 Ohio St.3d 394 (2019) (public office may be liable for statutory damages for untimely or inadequate response even if no records exist)
- State ex rel. Dispatch Printing Co. v. Johnson, 106 Ohio St.3d 160 (2005) (requester bears burden to show response was unreasonably delayed)
- State ex rel. Morgan v. Strickland, 121 Ohio St.3d 600 (2009) (reasonableness of a public office's response depends on all facts and circumstances)
- State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13 (2018) (apply the version of R.C. 149.43 in effect when request was made)