2012 Ohio 5782
Ohio Ct. App.2012Background
- Moore, an inmate, seeks a writ of mandamus to compel the Montgomery County Clerk of Courts to provide public records under R.C. 149.43.
- Request dated Feb. 23, 2011 sought the Satterwhite Investments v. Marvin Johnson journal entry, the clerk’s public-record policy, and the clerk’s current employee roster.
- Clerk responded Feb. 25, 2011 that Moore must obtain permission from his sentencing judge before disclosure under R.C. 149.43(B)(8).
- Moore filed this action Dec. 7, 2011; Clerk later provided the records policy and employee list, but could not substantiate the Satterwhite record.
- Both parties moved for summary judgment; the court held the mandamus claim moot because records were provided, but awarded statutory damages for delayed disclosure.
- The court ordered the Clerk to pay Moore $400 in statutory damages; costs awarded to Clerk. A dissent argued the relief was improper for collateral requests.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the mandamus claim moot where records were provided? | Moore argues mandamus should compel access to all requested records. | Clerk contends the mandamus is moot since records were provided. | Mandamus moot; but damages may proceed |
| Are statutory damages under R.C. 149.43(C)(1) proper for delayed disclosure? | Moore is entitled to statutory damages for lost use of records. | Damages may be limited or denied depending on failure to comply. | Moore awarded $400 statutory damages |
Key Cases Cited
- State ex rel. Striker v. Smith, 129 Ohio St.3d 168 (Ohio 2011) (mandamus/public-records mootness when records are produced)
- State ex rel. Rocker v. Guernsey Cty. Sheriff's Office, 126 Ohio St.3d 224 (Ohio 2010) (Public Records Act construed favorably toward disclosure)
- State ex rel. Heller v. Miller, 61 Ohio St.2d 6 (Ohio 1980) (mandamus criteria and relief framework)