2024 Ohio 613
Ohio2024Background
- Kimani E. Ware, an inmate, filed a public records request addressed to the Summit County Clerk of Courts, claiming it was sent by certified mail and received in June 2022.
- Ware alleged he did not receive a response to his request and subsequently filed an original mandamus action to compel the clerk to produce the records and pay statutory damages.
- The records were sent to Ware shortly after he initiated the lawsuit in February 2023.
- The clerk argued not having received Ware’s request in June 2022 and only became aware of it upon the lawsuit’s filing.
- Ware filed motions to strike the clerk's evidence and to submit additional evidence; both motions were denied by the court.
- The court found that because the records were provided, the mandamus claim is moot, and Ware failed to prove he submitted a public-records request by certified mail as required for statutory damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Ware’s public records request received by the Clerk? | Request was sent and received by clerk on June 7, 2022. | Clerk’s office did not receive any such request prior to lawsuit. | Ware did not prove by clear and convincing evidence that a public records request was received. |
| Is mandamus appropriate given subsequent record production? | Clerk did not respond, entitling Ware to mandamus. | Records were produced after suit filed, making case moot. | Mandamus request denied as moot. |
| Is Ware entitled to statutory damages for delayed compliance? | Clerk failed to timely comply and thus owes statutory damages. | Office didn’t unreasonably delay, and no request was received. | Request for statutory damages denied. |
| Was there bad faith justifying attorney’s fees or sanctions? | Clerk acted in bad faith by only responding after suit was filed. | No bad faith; Ware as pro se can’t recover attorney’s fees. | No bad faith found, provision inapplicable. |
Key Cases Cited
- State ex rel. Striker v. Smith, 129 Ohio St.3d 168 (production of records renders mandamus claim moot)
- State ex rel. McDougald v. Greene, 155 Ohio St.3d 216 (R.C. 2969.25 requirements do not apply to original actions in Ohio Supreme Court)
- State ex rel. Griffin v. Doe, 165 Ohio St.3d 577 (requester must prove delivery of public records request by clear and convincing evidence)
- State ex rel. Kesterson v. Kent State Univ., 156 Ohio St.3d 13 (statutory damages may be available even if records provided after lawsuit is filed)