2020 Ohio 2782
Ohio2020Background:
- In Feb 2018, inmate Jerone McDougald submitted a public-records request via prison kite at Southern Ohio Correctional Facility for: (1) an incident (use-of-force) report, (2) the deputy warden’s review of that use of force, and (3) an investigative-summary report.
- Respondent Larry Greene, SOCF public-records custodian, provided the incident report but stated the other two records did not exist.
- McDougald filed for a writ of mandamus (Aug 2019) seeking production of the two records, statutory damages, and court costs.
- Greene submitted an affidavit asserting the two records did not exist; McDougald submitted exhibits and sought to treat them as evidence and to amend his pleadings to show hand delivery of the kite.
- The Supreme Court granted McDougald’s motion to consider exhibits but denied the writ, statutory damages, court costs, and leave to amend because McDougald did not rebut Greene’s affidavit showing the records do not exist.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Existence/production of requested records | McDougald: ODRC policy requires creation/inclusion of the warden review and investigative summary with a use-of-force report, so the records must exist | Greene: Affidavit states those two records did not exist at time of request | Denied — court accepted Greene’s unrebutted affidavit; no clear-and-convincing evidence the records exist |
| Entitlement to statutory damages under R.C. 149.43(C)(2) | McDougald: Greene’s failure to produce the two records warrants statutory damages | Greene: Complied by producing incident report and stating nonexistence of other records | Denied — no failure to comply proved, so no statutory damages |
| Award of court costs | McDougald: Requests court costs for litigation | Greene: Opposes; court costs typically tied to granted writ | Denied — court costs generally awarded only when writ is granted |
| Leave to amend complaint to show hand delivery of kite | McDougald: Proposed amendment would show qualifying service method for statutory damages | Greene: Opposed; argues amendment would be futile | Denied — amendment would be futile because Greene met obligations under R.C. 149.43 regardless of service method |
Key Cases Cited
- State ex rel. Cincinnati Enquirer v. Sage, 142 Ohio St.3d 392 (mandamus standard; burden to prove right by clear and convincing evidence)
- State ex rel. Cincinnati Enquirer v. Hamilton Cty., 75 Ohio St.3d 374 (Public Records Act construed liberally in favor of disclosure)
- State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13 (court costs under R.C. 149.43 generally awarded only when writ granted)
- State ex rel. Leneghan v. Husted, 154 Ohio St.3d 60 (leave to amend may be denied as futile)