2020 Ohio 1463
Ohio2020Background
- Inmate Vincent El Alan Parker Bey sent a handwritten public-records request by certified mail (sent March 5, 2019; received March 8) to Trumbull Correctional Institution (TCI) asking for: (1) legal-mailroom logs for Jan–Feb 2019 and (2) dates/times of institutional-inspector (Ms. Fredericks) rounds for Dec 2018–Feb 2019.
- On April 11, 2019, TCI (Loomis) produced only the portions of the legal-mail logs showing Parker Bey’s name and stated those logs would "satisfy all requests" received by the office; the response cited regulations prohibiting disclosure of nonpublic records but did not expressly produce the inspector-rounds records.
- Parker Bey filed a mandamus complaint in the court of appeals (June 24, 2019) seeking an order compelling production of the inspector-rounds records and an award of statutory damages and court costs.
- The court of appeals granted TCI’s motion to dismiss as moot, relying on exhibits attached to the motion including an undated/unsigned letter in which Loomis asked Parker Bey to specify which housing blocks he wanted — a letter Parker Bey says he never received.
- The Supreme Court of Ohio reversed, holding the record did not show the request had been satisfied: the undated letter indicated Loomis needed more information before locating the inspector logs, so the claim was not moot; the case was remanded for further proceedings.
- The Court noted Parker Bey may be eligible for statutory damages and court costs under R.C. 149.43 if the court of appeals on remand finds TCI failed to timely or fully respond.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the mandamus complaint is moot because the requester received all responsive records | Parker Bey: TCI produced only legal-mail entries with his name; inspector-rounds records were not produced | TCI (Loomis): All responsive records were provided; request satisfied | Not moot — undated letter shows TCI sought clarifying info to locate inspector logs; no proof records were produced; remand |
| Whether Parker Bey may recover statutory damages and court costs | Parker Bey: Sent request by certified mail; entitled to statutory damages and costs if TCI failed to timely/fully respond | TCI: Court of appeals denied damages/costs | Potentially entitled — remand to determine timeliness/completeness; if writ granted, statutory damages/costs may apply |
| Whether the appellate court erred by considering materials outside the complaint without converting to summary judgment | Parker Bey: Court should have converted the motion to summary judgment and given notice before considering extrinsic evidence | TCI: Motion to dismiss was proper | Court declined to decide this issue now; focused on error in finding mootness and remanded |
Key Cases Cited
- State ex rel. Brown v. Nusbaum, 95 N.E.3d 365 (Ohio 2017) (de novo review of dismissal under Civ.R. 12(B)(6))
- State ex rel. Zander v. Judge of Summit Cty. Common Pleas Court, 129 N.E.3d 401 (Ohio 2019) (on a 12(B)(6) dismissal, allegations must be assumed true and reasonable inferences drawn for relator)