2023 Ohio 3801
Ohio2023Background
- Relator Kevin L. Payne, an inmate at Richland Correctional Institution (RCI), requested a copy of JPay support ticket MACI 1220002928 via RCI’s JPay electronic kite system on August 4, 2022.
- Inspector Kelly Rose replied that Payne would need to pay for copies; Payne later told staff he had paid but had not received the record.
- Inspector’s-office staff (Samantha Daugherty) initially said the record could not be found and suggested Payne contact JPay because ODRC could not access communications with JPay.
- Rose contacted the vendor JPay, obtained the requested support ticket, and provided a copy to Payne on November 15, 2022 (before Payne filed suit).
- Payne filed an original action in mandamus on December 15, 2022, seeking an order compelling production and statutory damages under Ohio’s Public Records Act, R.C. 149.43.
- The Supreme Court of Ohio denied the writ and statutory-damages claim because Payne had received the record prior to instituting the action and thus never had a cognizable mandamus claim at the action’s inception.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether mandamus to compel production is warranted | Payne: Rose failed to produce the requested support ticket | Rose: He produced the ticket (obtained from JPay) before suit | Denied — no cognizable mandamus claim because Payne had received the record before filing |
| Whether statutory damages under R.C. 149.43(C)(2) are available | Payne: He sent a public-records request by kite and is entitled to statutory damages for noncompliance | Rose: Various defenses asserted (not reached) | Denied — statutory damages did not accrue because no cognizable claim existed at filing (record already provided) |
Key Cases Cited
- State ex rel. Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288, 2006-Ohio-903 (mandamus is appropriate to compel compliance with R.C. 149.43)
- State ex rel. Ellis v. Maple Hts. Police Dept., 158 Ohio St.3d 25, 2019-Ohio-4137 (standard for mandamus: relator must show clear legal right and respondent a clear legal duty)
- State ex rel. Martin v. Greene, 156 Ohio St.3d 482, 2019-Ohio-1827 (production of requested record after action is filed generally renders mandamus claim moot)