2023 Ohio 3865
Ohio Ct. App.2023Background
- Relator Kimani Ware, an inmate, alleges he mailed a certified public-records request to the Stark County Prosecutor on April 11, 2022, seeking the prosecutor’s roster and annual budgets (2019–2022). USPS tracking shows an envelope was delivered that day.
- The Prosecutor’s Office admits receiving a sealed certified envelope from Ware on April 11, 2022, but says the envelope did not contain a public-records request; it contained a prior filing time-stamped July 9, 2021.
- Because Ware had filed multiple similar cases, the office adopted a procedure for handling his inmate mail; staff opened and photographed the April 2022 envelope under that procedure.
- Ware filed a Verified Complaint for a Writ of Mandamus in July 2023 attaching the public‑records request; once the office received that filing it mailed the requested records by certified mail on July 13, 2023 (delivered to the Trumbull facility July 21, 2023). Ware admits he received the records in August 2023.
- The court granted the prosecutor’s summary‑judgment motion, denied Ware’s motion, found the mandamus claim moot, and denied statutory damages and court costs. A separate hearing was set on the prosecutor’s Civ.R. 11 / R.C. 2323.51 sanctions motion.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether writ of mandamus should issue to compel production | Ware: he mailed a certified public-records request in April 2022 and received no response, so mandamus is warranted | Stone: office never received a records request in April 2022; the April envelope did not contain the request; records were produced after complaint | Denied as moot: records were produced after suit was filed and Ware ultimately received them |
| Entitlement to statutory damages under R.C. 149.43(C)(2) | Ware: he delivered the request by certified mail and is entitled to statutory damages for delay | Stone: the certified envelope delivered April 11 did not contain the records request; statutory‑damages prerequisite (proper transmission) not met | Denied: Ware did not transmit the records request to the office by certified mail/electronic/hand delivery as required, so no statutory damages |
| Entitlement to court costs under R.C. 149.43(C)(3) (bad faith) | Ware: office made records available only after mandamus, so costs should be awarded | Stone: no bad faith; office never had the request and produced records promptly once served with the complaint | Denied: Ware produced no evidence of bad faith; delivery and prompt production after service were reasonable |
| Whether sanctions warranted under Civ.R. 11 / R.C. 2323.51 | (implicit) Ware prosecuted mandamus | Stone: moved for sanctions, alleging misconduct/abusive filings | Court scheduled a separate hearing on sanctions; not decided in this opinion |
Key Cases Cited
- State ex rel. McDougald v. Greene, 161 N.E.3d 575 (Ohio 2020) (construing R.C. 149.43 and statutory‑damages prerequisites)
- State ex rel. Cincinnati Enquirer v. Hamilton Cty., 662 N.E.2d 334 (Ohio 1996) (Public Records Act construed liberally for broad access)
- State ex rel. Penland v. Ohio Dept. of Rehab. & Correction, 139 N.E.3d 862 (Ohio 2019) (mandamus requires clear legal right and duty)
- Am. Civil Liberties Union of Ohio v. Cuyahoga Cty. Bd. of Commrs., 943 N.E.2d 553 (Ohio 2011) (mandamus standard in public‑records cases)
- State ex rel. Cincinnati Enquirer v. Dupuis, 781 N.E.2d 163 (Ohio 2002) (provision of records generally renders claim moot)
- State ex rel. Kesterson v. Kent State Univ., 123 N.E.3d 887 (Ohio 2018) (statutory‑damages analysis)
- State ex rel. Rogers v. Dept. of Rehab. & Correction, 122 N.E.3d 1208 (Ohio 2018) (statutory damages and compliance)
- State ex rel. Stuart v. Greene, 160 N.E.3d 709 (Ohio 2020) (response times can be reasonable even when production takes weeks)
- State ex rel. Shaughnessy v. Cleveland, 76 N.E.3d 1171 (Ohio 2016) (31 business days found reasonable)
- State ex rel. Ware v. DeWine, 170 N.E.3d 763 (Ohio 2020) (response‑time reasonableness)
- State ex rel. Cincinnati Enquirer v. Deters, 71 N.E.3d 1076 (Ohio 2016) (statutory damages and prompt production)
- The Warren Newspapers, Inc. v. Hutson, 640 N.E.2d 174 (Ohio 1994) (opportunity to examine and redact records)
- State v. Powell, 971 N.E.2d 865 (Ohio 2012) (definition of bad faith)
- Temple v. Wean United, Inc., 364 N.E.2d 267 (Ohio 1977) (summary‑judgment standard)
- Mitseff v. Wheeler, 526 N.E.2d 798 (Ohio 1988) (nonmoving party’s burden in summary judgment)
- Dresher v. Burt, 662 N.E.2d 264 (Ohio 1996) (moving party’s burden in summary judgment)
- Williams v. First United Church of Christ, 309 N.E.2d 924 (Ohio 1974) (view evidence in favor of nonmoving party)