2022 Ohio 295
Ohio2022Background:
- Relator Kimani Ware, an inmate at Trumbull Correctional Institution (TCI), requested public records from respondent Donna Crawford (TCI grievance-records custodian) on April 6, 2020 (via JPay electronic kite) and again on April 29, 2020 (by certified mail).
- April 6 request: four informal-complaint files; Crawford said she mailed copies April 8 but claimed one file did not exist; subsequent communications produced some files but two remained unproduced (TCI0220000336 and TCI030000844).
- April 29 certified-mail envelope: Ware submitted a two-page request (three numbered requests: informal complaints, kites, emails) with a handwritten certified-mail tracking number; Crawford produced copies of informal complaints but contends she received only a one-page request seeking complaints and never received the other two requests.
- Procedural history: Ware filed mandamus to compel production and statutory damages under R.C. 149.43(C)(2); court granted leave to file rebuttal evidence but denied judicial notice for disputed facts.
- Decision: Court granted mandamus as to the April 6 request (ordering production of the two unproduced complaints) and awarded Ware $1,000 statutory damages; court denied the writ as to the April 29 requests.
Issues:
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1) Did Crawford fail to produce records requested April 6 (JPay kite)? | Ware says he never received two of the four requested informal-complaint records. | Crawford says she printed and placed the copies in institutional mail (sent twice); contends Ware must prove nonreceipt. | Writ granted for the two records not shown to have been produced; court placed burden on custodian to corroborate production and Crawford failed to submit corroborating copies/logs. |
| 2) Did Crawford fail to respond to the April 29 certified-mail requests (kites and emails)? | Ware contends he sent three requests by certified mail and only the complaint copies were produced; he provided copies of the two-page request with tracking number. | Crawford says she received only a one-page complaint request (with matching envelope tracking); mail-room affidavit shows inmate cannot know tracking number before mailing, undermining Ware’s version. | Writ denied for April 29; court found Ware did not prove by clear and convincing evidence he mailed the additional requests. |
| 3) Is Ware entitled to statutory damages under R.C. 149.43(C)(2)? | Because Crawford failed to fully comply with the April 6 request and Ware used electronic delivery (JPay), he seeks statutory damages. | Crawford essentially contends she complied by mailing records; she did not argue reduction of damages. | Because a violation was found as to April 6 and delivery was electronic, court awarded maximum $1,000. |
| 4) May relator file rebuttal evidence / seek judicial notice of disputed facts? | Ware sought leave to file additional (rebuttal) evidence and judicial notice of facts therein. | Crawford did not oppose; court must control submission and applicability of judicial notice standards. | Court granted leave to file rebuttal evidence (accepted exhibits) but denied judicial notice because those facts were disputed and not proper for judicial notice. |
Key Cases Cited
- Welsh-Huggins v. Jefferson Cty. Prosecutor’s Office, 170 N.E.3d 768 (Ohio 2020) (relator bears burden to plead and prove public-records violation by clear and convincing evidence)
- State ex rel. Cincinnati Enquirer v. Sage, 31 N.E.3d 616 (Ohio 2015) (mandamus is appropriate remedy under Public Records Act; clear-right/clear-duty standard)
- State ex rel. Toledo Blade Co. v. Seneca Cty. Bd. of Commrs., 899 N.E.2d 961 (Ohio 2008) (custodian in superior position to demonstrate compliance with production duties)
- State ex rel. Ellis v. Maple Hts. Police Dept., 139 N.E.3d 873 (Ohio 2019) (court will not issue writ where relator’s evidence is contradicted by uncontroverted affidavit showing production)
- State ex rel. Frank v. Clermont Cty. Prosecutor, 174 N.E.3d 718 (Ohio 2021) (public office may establish production by affidavit unless clear-and-convincing evidence shows additional responsive records exist)
- State ex rel. Natl. Broadcasting Co., Inc. v. Cleveland, 526 N.E.2d 786 (Ohio 1988) (custodian better positioned to determine applicability of exceptions and contents of records)