2012 Ohio 147
Ohio Ct. App.2012Background
- Ulery filed a mandamus petition (Sept. 29, 2010) seeking instructions to obtain transcripts in case 08-DR-437 and the proper way to arrange payment.
- Respondents (Judge Capper, Clerk Vincent, and Clark County Reporters) asserted Ulery had been notified of costs/procedure in a Jan. 25, 2011 letter; summary judgment was granted on this issue on Mar. 24, 2011.
- Ulery, by amended petition (Apr. 11, 2011), claimed $3,000 in statutory damages under RC 149.43(C)(1) for failure to provide transcripts from specific hearings and sought audiotape backups.
- Ulery also asserted a count under RC 149.351 for destruction of public records, seeking damages and attorney fees.
- The court analyzed whether mandamus could grant damages under RC 149.43(C)(1) and whether RC 149.351 claims were properly within mandamus.
- The trial court granted Respondents’ summary judgment motion and denied Ulery’s summary judgment motion; the mandamus petition was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Ulery is entitled to statutory damages under RC 149.43(C)(1). | Ulery contends failure to provide transcripts timely entitled him to statutory damages. | Respondents argue transcripts were provided within a reasonable time and damages are not warranted. | No entitlement to damages; no failure to comply within a compensable period. |
| Whether RC 149.351 claims for destruction of public records are cognizable in mandamus and recoverable. | Ulery asserts damages/attorney fees for destroyed records fall within mandamus. | Destruction claims are not properly before the mandamus action and are not recoverable here. | Denied; RC 149.351 claims not properly before this mandamus action. |
| Whether the requested transcripts/audiotape backups were provided within a reasonable time. | Ulery contends delays violated RC 149.43(B)/(C) and caused injury. | Respondents provided or mailed copies within a reasonable time; delays were not prejudicial. | Transcripts and audio copies provided within reasonable time; no statutory damages awarded. |
Key Cases Cited
- State ex rel. Berger v. McMonagle, 6 Ohio St.3d 28 (Ohio Supreme Court, 1983) (mandamus elements: clear legal right, duty, no adequate ordinary remedy)
- State ex rel. Harris v. Rhodes, 54 Ohio St.2d 41 (Ohio Supreme Court, 1978) (mandamus prerequisites and relief standards)
- State ex rel. Heller v. Miller, 61 Ohio St.2d 6 (Ohio Supreme Court, 1980) (syllabus on mandamus requirements)
- State ex rel. Westchester v. Bacon, 61 Ohio St.2d 42 (Ohio Supreme Court, 1980) (mandamus framework and relief limitations)