2024 Ohio 260
Ohio Ct. App.2024Background
- Kimani Ware, an inmate at Trumbull Correctional Institution (TCI), submitted a grievance in December 2019 that included a public records request for calorie counts of TCI meals.
- Ware directed his request to Marc Bratton, assistant chief inspector at Ohio Department of Rehabilitation and Correction (ODRC), using the inmate grievance procedure.
- The ODRC responded (after Ware filed this mandamus action) and advised him the proper method was through the public records coordinator at TCI, not the grievance procedure.
- Ware filed a mandamus action seeking an order to compel production of records, statutory damages, and court costs for alleged violations of Ohio’s Public Records Act.
- The court found the records issue to be moot since the ODRC had responded, leaving only statutory damages and costs for consideration.
- Ware argued he was entitled to damages and costs due to late or improper response, while ODRC maintained he did not submit his request to the correct party.
Issues
| Issue | Ware's Argument | ODRC's Argument | Held |
|---|---|---|---|
| Responsibility for Records | Bratton was responsible for the requested records | Bratton and the chief inspector’s office were not custodians of such records | Bratton was not responsible; proper party was TCI coordinator |
| Receipt of Public Records Request | Properly submitted request to Bratton | Request must be directed to TCI public records coordinator | Request was not made to correct party; no entitlement to damages |
| Statutory Damages under R.C. 149.43(C)(2) | Entitled due to delayed response after suit filed | Not entitled—request not sent to proper custodian | Denied; not shown request went to party responsible |
| Court Costs for Bad Faith | Bad faith due to 8-month delay before response | No bad faith—delay not intentional or deceptive | No bad faith; costs not awarded |
Key Cases Cited
- State ex rel. Cincinnati Post v. Schweikert, 38 Ohio St.3d 170 (1988) (defining who is a "person responsible" under public records law)
- State ex rel. Ware v. Wine, 169 Ohio St.3d 791 (2022) (plaintiff must show request made to custodian of the record)
- State ex rel. Bloodworth v. Toledo Corr. Inst., 2022-Ohio-346 (failure to direct records request to correct custodian is fatal)
- State ex rel. Horton v. Kilbane, 167 Ohio St.3d 413 (2022) (defines bad faith for purposes of public records claims)