Justia Government & Administrative Law Opinion Summaries

In August 2020, a joint federal task force between the federal Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF) and the Cincinnati Police Department (CPD) attempted to arrest Mason Meyer. While fleeing from CPD officers, Meyer crashed into a restaurant, killing Gayle and Raymond Laible and severely injuring Steven and Maribeth Klein. The Laibles’ estate and the Kleins filed a lawsuit alleging that three CPD officers were negligent in their execution of the high-speed car chase. The officers claimed they were federal employees and therefore immune from common-law tort actions due to their participation in the federal task force. The United States Court of Appeals for the Sixth Circuit held that CPD Sergeant Donald Scalf was a federal employee acting within the scope of his employment during the chase and therefore immune under the Westfall Act. However, it affirmed the district court's denial of immunity for Sergeant Timothy Lanter and Officer Brett Thomas, as they were not federal employees at the time of the incident. View "Laible v. Lanter" on Justia Law

The Cincinnati Enquirer sought a writ of mandamus to compel Andy Wilson, the director of the Ohio Department of Public Safety, to produce records related to the travel and expenses of Ohio State Highway Patrol troopers and staff who attended the 2022 Super Bowl in Los Angeles, California, with Governor Mike DeWine. The department withheld the requested records, claiming they were "security records" and therefore exempt from disclosure.The Supreme Court of Ohio concluded that the requested records did qualify as "security records" under R.C. 149.433(A)(1), which defines a security record as any record that contains information directly used for protecting or maintaining the security of a public office against attack, interference, or sabotage. The court found that the records contained information that the department used for protecting and maintaining the safety of the governor's office. The department's evidence showed that release of the requested records would pose a substantial risk to the governor’s safety by revealing the security detail’s planning, techniques, and patterns, and by exposing security limitations and vulnerabilities.The court also rejected the Cincinnati Enquirer's argument that the department violated the Public Records Act by failing to produce redacted versions of the requested records. The court explained that under R.C. 149.433(B)(1), a security record is not a public record and is consequently not subject to mandatory release or disclosure.Accordingly, the court denied the writ of mandamus, as well as the Cincinnati Enquirer's requests for statutory damages, court costs, and attorney fees. View "State ex rel. Cincinnati Enquirer v. Wilson" on Justia Law

In this case before the United States Court of Appeals for the Third Circuit, a US citizen, Abdoulai Bah, had his life savings of $71,613 seized by the U.S. Customs and Border Protection (CBP) under suspicion of being the proceeds of illegal activities. The CBP returned the money with interest two-and-a-half years later. Bah then sued the United States under the Federal Tort Claims Act (FTCA), seeking damages for personal injury and property damage, arguing that the seizure of his money prevented him from conducting business, caused him to lose his livelihood, and resulted in health problems.The District Court dismissed Bah's case, asserting that the United States was immune from Bah's claims. The court held that the FTCA did not permit Bah's claims as they were seeking prejudgment interest— a type of relief for which the United States has not waived sovereign immunity.Upon appeal, the United States Court of Appeals for the Third Circuit upheld the District Court's decision. The appellate court held that the Detention Exception of the FTCA, under which Bah's claim was filed, only waives sovereign immunity for "injury or loss of goods, merchandise, or other property while in the possession of any officer of customs or excise or any other law enforcement officer," but it does not waive immunity for personal "injury" or "loss" incurred due to the government's seizure of property. As such, the court concluded that Bah's cash was not injured or lost in the sense meant by the FTCA, and his personal injuries were not covered under the Act. Furthermore, the court determined that Bah's claim of "loss" was really a claim for "loss of use" of his cash, which is not covered under the FTCA. Thus, the court affirmed the dismissal of Bah's case. View "Bah v. USA" on Justia Law

Alphonso Mobley Jr. filed an original action in mandamus under Ohio’s Public Records Act against Hamilton County Prosecuting Attorney Melissa A. Powers, seeking records related to former R.C. 309.16 and a records-retention schedule. He also requested awards of statutory damages and costs. The Supreme Court of Ohio granted a limited writ of mandamus in part and denied in part. The court denied the writ as moot concerning some of the requested records, granted a limited writ regarding others, deferred ruling on the request for an award of statutory damages, and denied the request for an award of costs.The court determined that the prosecutor had provided Mobley with the records-retention schedule and the records created to meet the requirements of former R.C. 309.16(A)(2) for the years 2016 through 2020. However, the court found a genuine question of fact regarding whether the prosecutor provided Mobley with all the records that her office created to meet the requirements of former R.C. 309.16(A)(1) for the years 2016 through 2020. The court thus ordered the prosecutor to provide these records or certify that they do not exist. The court deferred ruling on Mobley’s request for statutory damages until the prosecutor has complied with the limited writ. Mobley’s request for an award of court costs was denied as he had filed an affidavit of indigency. View "State ex rel. Mobley v. Powers" on Justia Law

This case pertains to a public records request made by Marcellus Gilreath to the Ohio Department of Job and Family Services (ODJFS) and its director, Matt Damschroder. Gilreath sought access to specific records related to him, including his case history in the Client Registry Information System Enhanced (CRIS-E), his Ohio Benefits case history, his overpayment records, and records of any investigation into his alleged theft of food stamps.After not receiving a response from ODJFS or Damschroder for several months, Gilreath filed a mandamus action, following which ODJFS provided him with some of the requested records. Gilreath then requested that the court issue a writ of mandamus to compel ODJFS and Damschroder to allow him to inspect the provided documents in their native electronic format, to search for additional records, and to organize and maintain their emails in a manner that they can be made available for inspection. He also sought an award of statutory damages, court costs, and attorney fees.The Supreme Court of Ohio denied Gilreath's request for a writ of mandamus, finding that ODJFS and Damschroder had no obligation to allow him to inspect the records in their native electronic format. The court also found that ODJFS and Damschroder did not possess or control the county emails Gilreath sought, and that his request for these emails was not sufficiently clear. Furthermore, the court determined that Gilreath had not requested ODJFS and Damschroder to organize and maintain their emails in his original complaint.However, the court did grant Gilreath's request for an award of statutory damages, awarding him $1,000 due to the significant delay in ODJFS's response to his public records request. The court denied his requests for court costs and attorney fees. View "State ex rel. Gilreath v. Cuyahoga Job & Family Services" on Justia Law

In Georgia, plaintiffs Kristen Lovell, Lori Tullos, and Virginia McFaddin filed complaints against Brad Raffensperger (in his official capacity as the Secretary of State of Georgia), the Columbia County Board of Elections, the Morgan County Board of Elections and Registration, and various individuals associated with these entities, seeking declaratory and injunctive relief. The superior courts dismissed the actions, reasoning that they were barred by sovereign immunity as they failed to name the proper defendants as required by the Georgia Constitution.The Supreme Court of Georgia affirmed the lower courts' dismissal of the actions. The court ruled that under the Georgia Constitution's Paragraph V, which provides a limited waiver of sovereign immunity for actions seeking declaratory relief from acts of the state, actions must be brought exclusively against the state and in the name of the State of Georgia or against the relevant local government entities. The court concluded that the plaintiffs failed to comply with this requirement as they named as defendants the Secretary of State (not the State of Georgia) and their local boards of election and their board members (not the relevant counties). Due to this failure to comply, the trial courts were correct to dismiss the actions. View "LOVELL v. RAFFENSPERGER" on Justia Law

This case involves an appeal from the Tenth District Court of Appeals of Ohio. The appellant is the State of Ohio, represented by the Attorney General, and the appellees are FirstEnergy Corporation, Samuel Randazzo, and a consulting company controlled by Randazzo. Randazzo, the former chairman of the Public Utilities Commission of Ohio (PUCO), allegedly received a $4.3 million bribe from FirstEnergy Corporation. The state of Ohio filed a civil action against Randazzo and his consulting company to recover the proceeds of the bribe. The state sought attachment orders to prevent Randazzo from draining his bank and brokerage accounts. The trial court granted the state’s motion ex parte, without notice to Randazzo and his attorneys. After learning about the court's decision, Randazzo requested a hearing and moved to vacate the orders. The court held a hearing with both sides present and declined to discharge the orders of attachment. Randazzo appealed to the Tenth District Court of Appeals, which found the orders of attachment had been improperly granted. The Court of Appeals determined that the state had failed to meet its burden at the ex parte hearing to establish the irreparable injury requirement.Upon appeal by the state, the Supreme Court of Ohio reversed the judgment of the Court of Appeals and reinstated the orders of the trial court. The Supreme Court held that the Court of Appeals erred by basing its decision on the ex parte requirements. The Supreme Court ruled that the court of appeals should have reviewed the trial court's denial of the motion to vacate the attachment rather than the irreparable injury requirement for an ex parte order. The Supreme Court concluded that the proper remedy for a party dissatisfied with an ex parte attachment order is to request a hearing on the order at which both parties may be heard. It also concluded that Randazzo failed to demonstrate any prejudice from the use of improper garnishment forms. View "State ex rel. Yost v. FirstEnergy Corp." on Justia Law

In a dispute with the Department of Human Services (DHS) in Minnesota, Nobility Home Health Care, Inc. (Nobility) was found to have violated Minnesota Statutes section 256B.064 and Minnesota Rule 9505.2165 by failing to maintain health service records as required by law and by submitting claims for services for which underlying health service records were inadequate. The Minnesota Supreme Court held that such conduct constitutes "abuse" under the statute, even if there was no intent to deceive the DHS. However, the court declined to interpret or apply the phrase "improperly paid... as a result of" abuse in the statute, which governs the grounds for monetary recovery. The court reversed the decision of the court of appeals and remanded the case to the DHS for further analysis of this issue. The court's decision means that DHS's demand for an overpayment for Nobility’s first-time paperwork errors may not be reversed unless the DHS also establishes that the provider was improperly paid because of that abuse. View "In the Matter of SIRS Appeal by Nobility Home Health Care, Inc" on Justia Law

In this case, Cathy McKitrick, an investigative journalist, sought access to certain records under the Government Records Access and Management Act (GRAMA). The Ogden City Records Review Board ordered the city to release redacted versions of the records. Kerry Gibson, the subject of the records, petitioned the district court to prevent their release. McKitrick intervened in the proceedings and moved to dismiss Gibson's petition for lack of standing. The Supreme Court of the State of Utah held that Gibson lacked standing. Before the district court dismissed the case, McKitrick moved for an award of attorney fees and litigation costs, which was denied by the district court. On appeal, the Supreme Court of the State of Utah reversed the district court’s interpretation of the fee provision but did not hold that McKitrick was entitled to a fee award. Because the district court did not consider substantive aspects of the fee provision, the Supreme Court remanded the case for it to do so. View "McKitrick v. Gibson" on Justia Law

On August 12, 2018, Rachel Sender suffered injuries in a bicycle accident on a bike path in Forest Park, St. Louis. Sender claimed her injuries were due to a defect on the path, and she notified the City of St. Louis of her injury, as per section 82.210. This statute states that a claimant should provide the mayor of the city with notice within 90 days of an injury occurring due to a defect in any city property listed in the statute. The City of St. Louis responded that Sender's notice was inadequate as it did not sufficiently identify the location of the incident. After the 90-day statutory period, Sender provided further information to the City. The City moved to dismiss Sender's claims based on the insufficiency of the notice, which was allowed by the circuit court.Sender appealed this decision to the Supreme Court of Missouri. The court first had to decide whether the bike path is considered a "thoroughfare" as per section 82.210. It concluded that the bike path was a thoroughfare because it was a publicly maintained exterior improvement facilitating pedestrian traffic. As such, Sender was required to provide notice of her claim to the City.The court then had to determine whether Sender's notice was sufficient. However, Sender did not provide any record of the evidentiary hearing held by the circuit court to determine the sufficiency of the notice. The Supreme Court thus affirmed the circuit court's decision to dismiss Sender's claims, as it could not review the sufficiency of the notice without the transcript of the hearing. View "Sender v. City of St. Louis" on Justia Law