2021 Ohio 4257
Ohio Ct. App.2021Background
- Relator Kimani Ware, an inmate, sent seven public-records requests by certified mail to the Lake County Clerk of Courts on April 19, 2019.
- The Clerk (Maureen Kelly) returned the requests with a note saying no case matched the number/name; Kelly admits receiving only “Request One.”
- Ware filed a follow-up letter (May 14, 2019) that the Clerk denies receiving; no further response followed and Ware filed a mandamus action on March 30, 2020.
- The Clerk assembled and mailed the requested records on April 27–28, 2020; Ware received them on April 30, 2020; some requests had no responsive documents.
- The court found the mandamus claim moot because the records were produced, but preserved the statutory-damages claim under R.C. 149.43(C)(2).
- The court concluded the Clerk’s failure to produce records within a reasonable time (365 days for Request One) entitled Ware to statutory damages, but refused to "stack" damages for the seven pages delivered in one certified mailing and awarded the $1,000 statutory maximum.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mootness of mandamus after production | Ware sought writ to compel production | Clerk produced records before decision | Petition denied as moot |
| Entitlement to statutory damages | Written certified requests; failure to timely produce | Damages should be limited or reduced | Ware entitled to statutory damages |
| Amount: stacking multiple requests | $1,000 per each of seven requests | Limit award to $1,000 total (no stacking) | Single $1,000 maximum awarded |
| Reduction of damages under R.C. 149.43(C)(2) | Full award; no reasonable basis to reduce | Clarification request justified delay; reduction appropriate | Reduction denied; factors not satisfied |
Key Cases Cited
- State ex rel. Ellis v. Maple Hts. Police Dept., 158 Ohio St.3d 25, 2019-Ohio-4137, 139 N.E.3d 873 (mandamus standard in public-records cases)
- State ex rel. Ullmann v. Klein, 160 Ohio St.3d 457, 2020-Ohio-2974, 158 N.E.3d 580 (relators not required to show lack of adequate remedy in ordinary course of law)
- State ex rel. Martin v. Greene, 156 Ohio St.3d 482, 2019-Ohio-1827, 129 N.E.3d 419 (production of records generally moots mandamus claim; statutory-damages claim survives)
- State ex rel. McDougald v. Greene, 161 Ohio St.3d 130, 2020-Ohio-3686, 161 N.E.3d 575 (relator may recover statutory damages even if mandamus claim fails)
- State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13, 2018-Ohio-5108, 123 N.E.3d 887 (statutory-damages framework and reduction factors under R.C. 149.43(C)(2))
- State ex rel. Dehler v. Kelly, 127 Ohio St.3d 309, 2010-Ohio-5724, 939 N.E.2d 828 (statute does not permit stacking of statutory damages for essentially the same request)