2022 Ohio 4472
Ohio2022Background
- Relator Kimani Ware, an inmate at Trumbull Correctional Institution (TCI), submitted six kites in June 2021 requesting four records: (1) B‑unit staff schedule, (2) TCI inmate recreation schedule, (3) housing unit split‑range schedules, and (4) a June 17, 2021 memo sent to all TCI staff.
- Waylon Wine (unit manager) and Tracy Ventura (recreation manager) acknowledged the schedule requests but said the schedules were posted in the unit information boards and did not provide copies.
- Anthony Davis (deputy warden of operations) responded to the memo requests by directing Ware to “Mr. Booth” and did not produce the memo; Ware did not present evidence that he followed up with Booth.
- Ware filed a mandamus action on December 7, 2021, seeking production, court costs, and statutory damages. The Supreme Court granted an alternative writ and, after briefing and evidence, issued the present decision.
- The Court held that TCI unlawfully refused to provide copies of the three schedules (Wine and Ventura) and granted a writ as to those records; it denied relief as to the memo (Davis) because referral to another employee did not prove a denial.
- The Court awarded Ware $3,000 in statutory damages (maximum $1,000 per qualifying request for three requests) and court costs; the JPay kite system was held to satisfy the statute’s electronic‑transmission requirement for statutory damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Wine and Ventura unlawfully denied requests for copies of posted schedules | Ware: entitled to copies of requested public records even if records are posted where he can view them | Wine/Ventura: schedules were already accessible to Ware (posted in unit); no need to provide copies | Court: denial — TCI breached R.C. 149.43 by refusing to provide copies; writ granted for the three schedules |
| Whether Davis’s referral to another staffer constituted a denial of the memo request | Ware: Davis (as the person who sent the memo) had duty to provide a copy and referral was a denial | Davis: referred Ware to Mr. Booth (proper channel); not the records custodian for that request | Court: denial not proven — referral to Booth did not itself establish a statutory denial; writ denied as to the memo |
| Whether JPay/prison kite transmission qualifies as an "electronic submission" for statutory damages | Ware: kites sent through JPay are electronic submissions under R.C. 149.43(C)(2) | TCI: prison kite system is internal and not Internet‑connected, thus not an electronic submission | Court: kites via JPay qualify as electronic transmission; Ware met transmission requirement |
| Whether statutory damages and costs are recoverable and amount | Ware: entitled to statutory damages ($1,000 per request up to maximum) and court costs | TCI: contested method-of-transmission only; otherwise implicitly disputed award | Court: awarded $3,000 (maximum for three qualifying denials) and court costs; no damages for the denied memo claim |
Key Cases Cited
- Physicians Commt. for Responsible Medicine v. Ohio State Univ. Bd. of Trustees, 108 Ohio St.3d 288 (2006) (mandamus is appropriate to enforce Public Records Act)
- State ex rel. Frank v. Ohio State Univ., 161 Ohio St.3d 112 (2020) (referral to separate records office with lawful reasons may not constitute denial)
- State ex rel. Griffin v. Sehlmeyer, 165 Ohio St.3d 315 (2021) (JPay/kite system qualifies as electronic transmission under R.C. 149.43(C)(2))
- State ex rel. Cincinnati Enquirer v. Sage, 142 Ohio St.3d 392 (2015) (standard for entitlement to writ in public‑records mandamus)
- Bell v. Wolfish, 441 U.S. 520 (1979) (courts give deference to prison administrators on safety and security policies)