2023 Ohio 1241
Ohio2023Background
- Relator Franklin Woods, an inmate, mailed a certified public-records request (Aug. 1, 2022) to the Lawrence County Sheriff’s Office seeking the office’s written retention schedule for incident reports, dispatch calls, dash-cam footage, arrest reports, and incoming/outgoing calls.
- Major Chapman replied (Aug. 26) that Woods’s letter was “too vague.”
- Woods filed a mandamus action (Nov. 4, 2022) seeking production under the Public Records Act and awards of statutory damages, attorney fees, and costs.
- The sheriff produced the requested retention schedule on Nov. 16 and moved for judgment on the pleadings; Woods renewed his claims for statutory damages and costs.
- The Supreme Court held the mandamus claim moot because the records were produced, awarded Woods $700 in statutory damages ($100 per business day for seven business days after filing, capped at $1,000), denied attorney fees (Woods was pro se), and declined to award court costs (Woods filed an affidavit of indigency).
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Mandamus relief (mootness) | Woods: sheriff failed to produce records; writ required | Sheriff: records were produced; move for judgment on the pleadings | Claim is moot; mandamus denied as moot and judgment on the pleadings granted |
| Statutory damages under R.C. 149.43(C)(2) | Woods: mailed request by certified mail, fairly described records, office failed to comply | Sheriff: request was too vague (should have named the office’s retention schedule) | Request fairly described the retention schedule; sheriff failed to comply promptly; $100/day for 7 business days = $700 awarded (cap $1,000) |
| Attorney fees | Woods: requested attorney fees if he retained counsel | Sheriff: Woods is pro se; no counsel retained | Denied; pro se litigant not entitled to attorney fees under the Public Records Act |
| Court costs | Woods: requested court costs | Sheriff: Woods filed affidavit of indigency | No court costs awarded due to Woods’s affidavit of indigency |
Key Cases Cited
- State ex rel. Martin v. Greene, 156 Ohio St.3d 482 (2019) (public-records mandamus generally becomes moot when records are provided)
- Toledo Blade Co. v. Seneca Cty. Bd. of Commrs., 120 Ohio St.3d 372 (2008) (same mootness principle in public-records mandamus)
- State ex rel. Cincinnati Enquirer v. Ronan, 124 Ohio St.3d 17 (2009) (attorney-fee claims under the Public Records Act are not necessarily moot upon production)
- State ex rel. Thomas v. Ohio State Univ., 71 Ohio St.3d 245 (1994) (pro se litigants are not entitled to attorney fees under the Public Records Act)