Justia Government & Administrative Law Opinion Summaries

Thomas Clark, an inmate at Lebanon Correctional Institution (LCI), sought a writ of mandamus to compel the Ohio Department of Rehabilitation and Correction (DRC) to provide records under Ohio’s Public Records Act, R.C. 149.43. Clark also requested $6,000 in statutory damages for six public-records requests he claimed were either denied or ignored by DRC. The requests were made between October 2020 and March 2024, during his incarceration at North Central Correctional Complex (NCCC) and LCI.Clark alleged that he made multiple requests for records, including theft/loss reports and an inmate handbook from NCCC, and chow-hall menus and mail policies from LCI. He claimed that these requests were either ignored or denied. However, Clark did not provide copies of his 2020 and 2021 requests from NCCC, relying instead on a 2024 kite requesting copies of earlier kites. For the LCI requests, Clark provided evidence of his requests for chow-hall menus and mail policies.The Supreme Court of Ohio reviewed the case. The court found that Clark failed to prove he sent the 2020 and 2021 requests to NCCC. Regarding the LCI requests, the court noted that Clark did not direct his requests to the appropriate public-information officer, Ellen Myers, as required by DRC’s protocol. The court held that it is not a violation of the Public Records Act when an employee not responsible for public-records requests directs the requester to the proper office or person responsible for the records.The court denied Clark’s writ of mandamus, as well as his requests for statutory damages and court costs, concluding that Clark did not show a violation of the Public Records Act by DRC. View "State ex rel. Clark v. Ohio Dept. of Rehab. & Corr." on Justia Law

An inmate at the Lebanon Correctional Institution filed a mandamus action against the Ohio Department of Rehabilitation and Correction (DRC) to compel the production of records in response to his public-records requests. He also sought statutory damages and court costs. The inmate requested a memorandum regarding "Legal Dockets," a ViaPath memorandum, and commissary receipts and price lists.The inmate initially sent his request for the "Legal Dockets" memorandum to the warden’s assistant, who asked for a ten-cent payment. The inmate claimed to have submitted the payment, but the assistant stated she never received it. The inmate later received the requested memorandum after filing the mandamus action. For the ViaPath memorandum, the inmate sent his request to the prison’s mailroom department, which directed him to the warden’s assistant. The inmate did not follow up with the assistant. Similarly, for the commissary receipts and price lists, the inmate sent his request to a commissary supervisor, who also directed him to the warden’s assistant, but the inmate did not follow up.The Supreme Court of Ohio reviewed the case. The court denied the writ as moot regarding the "Legal Dockets" memorandum since the inmate received it after filing the action. The court denied the writ for the other requests because the inmate failed to show a violation of the Public Records Act, as he did not direct his requests to the appropriate person responsible for public records. The court also denied the inmate’s requests for statutory damages and court costs, finding that the evidence was evenly balanced on whether the assistant received the payment for the "Legal Dockets" memorandum, and the inmate had filed an affidavit of indigency, meaning there were no costs to award. View "State ex rel. Clark v. Ohio Dept. of Rehab. & Corr." on Justia Law

A solar energy company, Harvey Solar I, L.L.C., applied to the Ohio Power Siting Board for a certificate to construct a solar-powered electric-generation facility in Licking County, Ohio. The project faced opposition from a local citizens group, Save Hartford Twp., L.L.C., and 11 nearby residents, who raised concerns about the environmental and economic impacts of the project, including visual impacts, flooding, wildlife disruption, noise, water quality, and glare.The Ohio Power Siting Board reviewed the application and conducted an evidentiary hearing. The board staff investigated the potential impacts and recommended approval with conditions. The board ultimately granted the certificate, subject to 39 conditions, including requirements for visual screening, floodplain coordination, wildlife impact mitigation, noise control, and stormwater management.The residents appealed the board's decision to the Supreme Court of Ohio, arguing that the board failed to properly evaluate the project's adverse impacts and that Harvey Solar did not provide sufficient information as required by the board's rules. They contended that the board's decision was unlawful and unreasonable.The Supreme Court of Ohio reviewed the case and found that the board had acted within its statutory authority and had not violated any applicable laws or regulations. The court determined that the board had sufficient evidence to make the required determinations under R.C. 4906.10(A) and that the conditions imposed on the certificate were reasonable and appropriate. The court affirmed the board's order granting the certificate for the construction, operation, and maintenance of the solar facility. View "In re Application of Harvey Solar I, L.L.C." on Justia Law

An inmate at the Trumbull Correctional Institution (TCI) submitted 17 public-records requests to various TCI departments and employees in August 2023. The requests included documents such as the current bank statement for TCI’s industrial and entertainment fund, the recreation music-room schedule, TCI’s list of approved vendors, and body-camera footage from a specific corrections officer. The inmate claimed that all his requests were initially denied and sought a writ of mandamus to compel the production of the records, as well as statutory damages and reimbursement for postage and photocopying.The case was reviewed by the Supreme Court of Ohio. The court found that many of the inmate’s requests had been rendered moot because the requested documents were provided to him after he filed his complaint. The court also determined that the inmate did not meet his burden of proof for some requests, as he failed to show that he properly requested the records from the appropriate public office or person responsible for public records. Additionally, the court found that the delay in responding to the inmate’s requests was not unreasonable given the number of requests.The Supreme Court of Ohio denied the inmate’s request for a writ of mandamus, statutory damages, and reimbursement for expenses. The court also denied the inmate’s motion to compel the clerk to accept his untimely response and the respondents’ motion for sanctions. The court concluded that there was no evidence that the inmate acted falsely or fraudulently in bringing the action. View "State ex rel. Berry v. Booth" on Justia Law

An inmate at the Pickaway Correctional Institution, Trevor J. Teagarden, requested various public records from prison staff between June and August 2023. These requests included medical protocols, recreation schedules, policy indexes, and a sign-in sheet for LexisNexis computer terminals. The prison staff responded by directing him to where some of the requested documents were posted or available for review in the library, and denied access to the sign-in sheet, stating it was library property.Teagarden filed a complaint for a writ of mandamus in December 2023, seeking to compel the prison staff to provide the requested records, along with statutory damages and court costs. The Supreme Court of Ohio reviewed the case after denying the respondents' motion to dismiss and ordering them to file an answer.The Supreme Court of Ohio held that Teagarden's requests for the recreation schedules and medical protocols were either not directed to the proper records custodian or were too vague. However, the court found that the sign-in sheet for the LexisNexis computer terminals was a public record maintained by the library staff, and their refusal to provide it violated the Public Records Act. Consequently, the court granted a writ of mandamus ordering the prison staff to provide Teagarden with the sign-in sheet for August 24 and 25, 2023.The court awarded Teagarden $1,000 in statutory damages for the failure to provide the sign-in sheet but denied his request for court costs due to his affidavit of indigency. The court denied the writ for the other records requested, as the responses from the prison staff were deemed appropriate under the circumstances. View "State ex rel. Teagarden v. Igwe" on Justia Law

Clifford J. Culgan requested unredacted public records related to Jefferson County Grand Jury Final Reports for October 1997, November 1997, December 1997, and January 1998 from the Jefferson County Clerk of Courts. The Deputy Clerk, Christianne Benton, responded by providing the requested records but redacted the names of the grand jurors, the signature of the grand jury foreperson, and information on expunged cases using Wite-Out. Culgan claimed he did not receive the response and filed a mandamus action seeking the unredacted records, statutory damages, and court costs.The Supreme Court of Ohio reviewed the case. The clerk argued that the redactions were justified under state law, specifically citing State ex rel. Beacon Journal Pub. Co. v. Bond. The court found that the clerk's redactions of case information for expunged cases were proper but determined that the names of the grand jurors and the signature of the grand jury foreperson should not have been redacted. The court also found that the clerk's use of Wite-Out for redactions was permissible and that the redactions were plainly visible.The Supreme Court of Ohio granted a writ of mandamus ordering the clerk to provide the grand jury reports without redacting the grand jurors' names or the foreperson's signature. However, the court denied the writ regarding the redacted case information, as those redactions were deemed appropriate. The court also denied Culgan's requests for statutory damages and court costs, concluding that the clerk reasonably believed the redactions were proper based on existing case law. View "State ex rel. Culgan v. Jefferson Cty. Clerk of Courts" on Justia Law

Roberta Schlegel experienced flooding in her basement after a portion of a roadway near her home collapsed, causing debris to block a drainage culvert. Schlegel sued Summit County for the flood damage, alleging negligence in maintaining the roadway. The county claimed political-subdivision immunity as a defense.The trial court and the Ninth District Court of Appeals both ruled in favor of the county, concluding that the county was immune from liability under political-subdivision immunity laws. They determined that the negligent-roadway-maintenance exception to immunity did not apply because Schlegel was not a motorist or user of the roadway injured by the roadway condition.The Supreme Court of Ohio reviewed the case and reversed the Ninth District's judgment. The court held that the exception to political-subdivision immunity in R.C. 2744.02(B)(3) for negligent failure to keep public roads in repair and free of obstructions is not limited to losses suffered by users of the roadway. The court found that the statutory language is clear and unambiguous, and it applies to any person who suffers loss to property caused by the political subdivision's negligence in maintaining public roads.The case was remanded to the trial court to determine whether the county's negligence in maintaining the roadway proximately caused the flooding and whether any defenses under R.C. 2744.03 could restore the county's immunity. View "Schlegel v. Summit County" on Justia Law

A newspaper, Copley Ohio Newspapers, Inc., doing business as Akron Beacon Journal, made several public-records requests to the City of Akron and the Akron Police Department in 2022. The requests sought records identifying police officers involved in three lethal use-of-force incidents. The city provided some records but redacted the officers' names, citing safety concerns and legal exceptions. The newspaper filed a mandamus action under the Ohio Public Records Act, R.C. 149.43, to compel the city to produce unredacted records.The lower court, the Supreme Court of Ohio, reviewed the case. The city argued that the requests for personnel files, discipline records, and internal investigations of unidentified officers were improper public-records requests and that the officers' names were protected under the confidential law-enforcement investigatory records (CLEIR) exception and the Kallstrom/Keller exception, which protects records that could endanger officers' lives.The Supreme Court of Ohio held that the requests for personnel files, discipline records, and internal investigations of unidentified officers were improper public-records requests. However, the court found that the requests for administrative leave or reinstatement notices and incident reports were proper. The court ruled that the names of the officers involved in the Walker shooting were exempt from disclosure under the CLEIR exception for uncharged suspects. The court ordered the city to provide copies of the Walker incident reports with only the names of the eight officers who are uncharged suspects redacted and to provide unredacted copies of the administrative leave and reinstatement notices. The court denied the newspaper's requests for statutory damages and attorney fees but granted court costs. View "State ex rel. Copley Ohio Newspapers, Inc. v. Akron" on Justia Law

The City of Obetz initiated a mandamus and prohibition action against Franklin County Auditor Michael Stinziano and Franklin County Treasurer Cheryl Brooks Sullivan. The dispute arose from a tax-increment-financing (TIF) arrangement established by Obetz in 1997. Obetz erroneously received TIF proceeds in 2015, 2016, and 2017. To correct this, Obetz returned some funds to the county, but the county also withheld Obetz's real-property-tax distribution for the first half of 2022 and reallocated it to other taxing jurisdictions.The Franklin County Court of Common Pleas initially reviewed the case, where Obetz sought to compel the county to return the funds it had tendered and to pay future settlement distributions without setoff. The lower court's decision led to the current appeal.The Supreme Court of Ohio reviewed the case. The court held that Obetz was not entitled to the return of the $212,963.01 it had voluntarily paid to the county. Additionally, the court denied Obetz's request for the county to pay $194,944.32, which had been withheld and reallocated to other jurisdictions. However, the court granted a limited writ of mandamus, compelling the county to pay future settlement distributions to Obetz without setoff. The court found that the county did not have the authority under R.C. 319.44, R.C. 323.133(B), R.C. 5713.08, or R.C. 5715.22 to withhold future settlement funds from Obetz. The court also denied Obetz's request for a writ of prohibition, as the county's actions did not constitute the exercise of judicial power. View "State ex rel. Obetz v. Stinziano" on Justia Law

Christopher R. Hicks submitted a public-records request to the Union Township, Clermont County Board of Trustees, seeking email- and mail-distribution lists for the township's newsletter. The township denied the request, claiming the lists did not document the township's activities and were not public records. Hicks filed a complaint in the Court of Claims, arguing that the lists were public records documenting the township's functions and activities.The Court of Claims appointed a special master who found that the lists were used for administrative convenience and did not meet the definition of a public record. The Court of Claims adopted this recommendation and denied Hicks's request. Hicks appealed to the Twelfth District Court of Appeals, which affirmed the lower court's decision, agreeing that the lists were used solely for convenience and did not document the township's functions or activities.The Supreme Court of Ohio reviewed the case and reversed the lower court's decision. The court held that the email- and mail-distribution lists are public records under R.C. 149.011(G) because they document the township's functions and activities by showing how the newsletter is distributed to constituents. The court emphasized that the Public Records Act should be construed liberally in favor of broad access and that the lists are central to the township's communication with its constituents. The court ordered that the requested records be made available to Hicks. View "Hicks v. Union Twp. Clermont Cty. Bd. of Trustees" on Justia Law