2020 Ohio 4024
Ohio2020Background:
- Petitioner Kimani Ware, an inmate at Trumbull Correctional Institution, sent ten certified public-records requests to Hamilton County Clerk Aftab Pureval on January 23, 2019.
- The clerk’s office responded with identical form letters asserting the requests required judicial approval under R.C. 149.43(B)(8); Ware disputed that determination.
- Ware filed a mandamus complaint in the First District Court of Appeals on October 1, 2019 seeking records production.
- The court of appeals dismissed the complaint for Ware’s alleged failure to file an affidavit of prior civil actions as required by R.C. 2969.25(A).
- Ware produced a copy of the affidavit on appeal that bore the First District’s October 1, 2019 time-stamp, suggesting the affidavit had been deposited with the clerk but not docketed.
- The Ohio Supreme Court reversed, holding a complaint should not be dismissed for a clerk’s docketing error and remanding for the court to determine in the first instance whether the affidavit was filed and complies with R.C. 2969.25(A).
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether dismissal for failure to file the R.C. 2969.25(A) affidavit was proper when the affidavit was allegedly filed but not in the court file | Ware: He timely filed the required affidavit; the affidavit bears the court’s time-stamp | Pureval: Ware did not file the affidavit as required, so dismissal is warranted | Reversed: Court found dismissal cannot rest on a clerk’s error not caused by the filing party; remanded to have the court verify filing and statutory compliance |
Key Cases Cited
- State v. Henton, 50 N.E.3d 553 (Ohio 2016) (compliance with R.C. 2969.25(A) is mandatory and failure normally warrants dismissal)
- Zanesville v. Rouse, 929 N.E.2d 1044 (Ohio 2010) (a clerk’s date/time endorsement is evidence that a document was filed)
- Columber v. Kenton, 145 N.E. 12 (Ohio 1924) (a litigant should not be penalized for a filing error caused by a clerk)