2023 Ohio 1543
Ohio2023Background
- After this court decided State ex rel. Mobley (holding prison kites are public records), inmate Valdez J. Straughter submitted multiple prison-kite and formal R.C. 149.43 requests to the Ohio Department of Rehabilitation and Correction (DRC).
- DRC repeatedly denied some requests, told Straughter kites were not available as public records, referred him to other internal processes, and instructed him to stop repetitive requests.
- Straughter filed a mandamus action in the Ohio Supreme Court seeking production of the kites, statutory damages under R.C. 149.43(C)(2), and court costs; an alternative writ was issued and the parties briefed the merits.
- On November 8, 2022, DRC produced the requested kites; Straughter did not dispute that production in his briefing.
- The Court considered (1) whether the mandamus claim was moot, (2) whether statutory damages should be awarded despite the post-filing production, and (3) whether court costs should be awarded given Straughter’s affidavit of indigency.
Issues
| Issue | Plaintiff's Argument (Straughter) | Defendant's Argument (DRC) | Held |
|---|---|---|---|
| Whether the court should compel production of the requested kites (mandamus) | Kites are public records and DRC must produce them | DRC had produced the kites so the claim is moot | Writ denied as moot because DRC produced the requested records and Straughter did not dispute receipt |
| Entitlement to statutory damages under R.C. 149.43(C)(2) | Entitled to statutory damages ($100 per business day up to $1,000) because DRC breached and suit filed Aug 11, 2022 | Argues the requests were sham to obtain damages and that Straughter had access via JPay; damages should be denied | Awarded $1,000; DRC did not prove the requests were feigned or that alternate access was established |
| Applicability of Rhodes (bad-faith requester doctrine) | Requests were genuine, made shortly after Mobley | Rhodes should bar damages where requester sought denial to collect damages | Rhodes distinguished; no evidence Straughter sought only a denial, so Rhodes does not preclude damages |
| Award of court costs | Seeks court costs | DRC opposes | Denied — Straughter filed an affidavit of indigency, so no costs awarded |
Key Cases Cited
- State ex rel. Mobley v. Ohio Dept. of Rehab. & Corr., 169 Ohio St.3d 39 (2022) (prison kites are public records)
- State ex rel. Cordell v. Paden, 156 Ohio St.3d 394 (2019) (relator must prove existence and custody of requested public records)
- State ex rel. Striker v. Smith, 129 Ohio St.3d 168 (2011) (public-records mandamus generally moot when records are produced)
- Rhodes v. New Philadelphia, 129 Ohio St.3d 304 (2011) (denies statutory damages when requester sought only a denial of records)
- State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13 (2018) (statutory damages may be awarded even if mandamus claim is rendered moot by later production)