Justia Civil Procedure Opinion Summaries

The case involves Pavan V. Parikh, the Hamilton County clerk of courts, who implemented a policy in May 2022 that eliminated remote online access to court records in residential-eviction cases older than three years from the date of judgment satisfaction. Parikh argued that this policy was to prevent misuse of court documents by the public, such as employers and landlords. The judges of the Hamilton County Municipal Court objected to this policy and issued Administrative Order No. 23-45 in October 2023, directing Parikh to rescind the policy and restore online access to the records. Parikh did not comply, leading to the judges threatening contempt proceedings.Parikh filed a complaint for a writ of prohibition in the First District Court of Appeals to prevent the judges from enforcing the administrative order and holding him in contempt. The judges counterclaimed, requesting a writ of mandamus to compel Parikh to comply with their order. The court of appeals, with visiting judges from the Twelfth District, ruled in favor of the judges, granting their motion for judgment on the pleadings on the prohibition claim and issuing a writ of mandamus ordering Parikh to rescind his policy and comply with the administrative order.The Supreme Court of Ohio reviewed the case and affirmed the court of appeals' judgment. The court held that Parikh had a clear legal duty under R.C. 1901.31(E) to comply with the judges' administrative order. The court also determined that Parikh had an adequate remedy through appeal if held in contempt, and the judges did not patently and unambiguously lack jurisdiction to hold him in contempt for noncompliance. Therefore, the court affirmed the denial of Parikh's request for a writ of prohibition and the granting of the judges' request for a writ of mandamus. View "State ex rel. Parikh v. Berkowitz" on Justia Law

Delanor L. Macksyn, an inmate at the Richland Correctional Institution, filed an original action against Department of Rehabilitation and Correction employees Kenneth Spencer, LeAnn Walker-Williams, and Kelly Rose. Macksyn sought a writ of mandamus to compel the production of records in response to multiple public-records requests and an award of statutory damages. His requests included emails, kites, grievances, and video footage.The lower court proceedings involved Spencer assuming responsibility for answering public-records requests and responding to Macksyn’s various requests. Spencer provided some of the requested records, including kites and grievances, and allowed Macksyn to view the requested video footage. However, there was a dispute over whether all requested records, particularly emails, had been produced.The Supreme Court of Ohio reviewed the case and found that while Spencer had provided some records, there was insufficient evidence to confirm that all requested emails had been produced. The court issued a limited writ of mandamus ordering the respondents to, within 21 days, either produce the requested emails and certify the date of production or certify that no responsive emails exist. The court deferred ruling on Macksyn’s request for statutory damages until the respondents complied with the limited writ. The court also denied several motions filed by Macksyn, including motions to strike respondents’ brief and for judicial notice. View "State ex rel. Macksyn v. Spencer" on Justia Law

Ronald Ayers, an inmate at the Lake Erie Correctional Institution, petitioned for a writ of mandamus to compel Laura Sackett, the prison's records custodian, to produce public records. Ayers requested a copy of the Department of Administrative Services’ general retention schedule and video footage from a security search of his cell on August 31, 2023. Sackett denied the requests, claiming the retention schedule was not specific to the Department of Rehabilitation and Correction and that the video footage was not preserved as it did not document a "qualifying event."The Supreme Court of Ohio reviewed the case after Ayers filed his petition. The court found that Ayers did not need to exhaust administrative remedies before filing for mandamus. The court determined that the requested video footage did not exist at the time of Ayers' request, as it had been recorded over, and thus Sackett correctly denied this request. However, the court found that the general retention schedule was a public record received and used by the prison, and Sackett's denial of this request was not justified.The Supreme Court of Ohio granted Ayers' writ of mandamus in part, ordering Sackett to produce the retention schedule. The court awarded Ayers $1,000 in statutory damages for the improper denial of the retention schedule but denied his request for court costs due to his affidavit of indigency. The court denied Ayers' motions for discovery as moot. View "State ex rel. Ayers v. Sackett" on Justia Law

Duke Energy Ohio, Inc. applied to the Public Utilities Commission of Ohio (PUCO) for an increase in natural gas distribution rates and approval of an alternative-rate plan. The Office of the Ohio Consumers’ Counsel (OCC) filed an application for rehearing, which PUCO initially extended through a tolling order. However, following a decision in a related case, In re Application of Moraine Wind, L.L.C., it was determined that PUCO lacked the authority to issue such tolling orders, meaning the OCC’s application for rehearing was denied by operation of law after 30 days.The OCC did not appeal the denial by operation of law but instead filed a second application for rehearing challenging PUCO’s tolling order practice. After the Moraine Wind decision, PUCO journalized an entry on September 4, 2024, acknowledging the denial by operation of law and closing the case. The OCC then filed a third application for rehearing, which PUCO denied on October 2, 2024. The OCC subsequently filed a notice of appeal on October 25, 2024.The Supreme Court of Ohio reviewed the case and denied Duke Energy’s motion to dismiss the appeal for lack of jurisdiction. The court held that under R.C. 4903.11, the OCC’s appeal was timely because it was filed within 60 days of PUCO’s journalized entry on September 4, 2024, which constituted an “entry upon the journal of the commission of the order denying an application for rehearing.” Thus, the OCC properly invoked the court’s jurisdiction, and the appeal was allowed to proceed. View "In re Application of Duke Energy Ohio, Inc." on Justia Law

The case involves a workplace accident where the decedent sustained severe head injuries, resulting in a persistent vegetative state and eventual death. The decedent's workers' compensation claim was allowed for several conditions, and he sought scheduled-loss compensation for the loss of use of his bilateral upper and lower extremities. The Industrial Commission of Ohio initially denied this claim, concluding that the loss of use was due to brain injury, not direct injury to the extremities.The decedent filed a mandamus action challenging the denial, but it was dismissed after his death. Subsequently, his surviving spouse, Byk, filed a motion with the commission for scheduled-loss compensation under R.C. 4123.57(B) and 4123.60. The commission denied this motion, stating that the decedent's entitlement to the loss-of-use award had already been determined and denied.Byk then filed a mandamus action in the Tenth District Court of Appeals, which granted a limited writ directing the commission to vacate its order and issue a new order adjudicating the merits of Byk’s claim. The commission and Republic Steel appealed this decision.The Supreme Court of Ohio reviewed the case and reversed the Tenth District's judgment. The court held that Byk was not entitled to scheduled-loss compensation under R.C. 4123.60 because the decedent was not "lawfully entitled to have applied" a second time for the same scheduled-loss compensation that had already been denied. The court emphasized that the statutory language did not authorize an injured worker to reapply for the same compensation after a final denial. Consequently, Byk's request for a writ of mandamus was denied. View "State ex rel. Byk v. Indus. Comm." on Justia Law

An inmate at Grafton Correctional Institution filed a mandamus action against the warden’s administrative assistant and public-information officer, seeking a writ of mandamus to compel the production of public records and an award of statutory damages. The inmate had sent 13 electronic kites requesting copies of public records, focusing on seven kites sent between May 27 and June 2, 2024. The inmate claimed that the requested records were not provided in a timely manner.The case was initially filed in June 2024. The respondent acknowledged receiving the kites within four to seven days and provided some records on September 3 and others on September 5, 2024. The respondent argued that the delay was due to the volume of requests from the inmate, who had made over 50 public-records requests for more than 300 documents since May 2024. The lower court granted an alternative writ, setting a schedule for evidence and briefs. Both parties submitted their evidence and briefs, and the inmate filed several motions, including a motion to strike the respondent’s evidence and motions to proceed to judgment.The Supreme Court of Ohio reviewed the case and found that the inmate’s mandamus claim was moot because he had received all the requested records. The court also determined that the three-month response time was reasonable given the volume of requests the respondent had to handle. Consequently, the court denied the inmate’s requests for a writ of mandamus and statutory damages, as well as all his motions. View "State ex rel. Robinson v. Wesson" on Justia Law

An inmate, Kimani E. Ware, sent eight public-records requests to the Cuyahoga County Prosecuting Attorney, Michael C. O’Malley, between September and December 2023. Ware sought 21 categories of records, including personnel files and payroll records of O’Malley and two assistant prosecuting attorneys, as well as a list of cases assigned to an assistant prosecutor. O’Malley denied the requests, arguing that the records concerned criminal prosecutions and that Ware, as an inmate, needed to comply with R.C. 149.43(B)(8) before being entitled to the records.Ware filed a mandamus action in April 2024, seeking an order for the production of the records, statutory damages, and court costs. The Supreme Court of Ohio previously granted in part O’Malley’s motion for judgment on the pleadings, leaving nine records requests at issue. O’Malley argued that R.C. 149.43(B)(8) applied, which limits an inmate’s right to obtain records concerning a criminal investigation or prosecution without a judicial finding.The Supreme Court of Ohio held that the personnel files and payroll records of the prosecuting attorneys did not fall under R.C. 149.43(B)(8) and ordered O’Malley to produce these records, subject to proper redactions. The court also ordered O’Malley to produce a list of cases assigned to Assistant Prosecuting Attorney Williamson in 1999 or certify that no such record exists. However, the court denied the writ for the requests seeking specific invoices or pay stubs for work performed by Assistant Prosecuting Attorney Van, as no such records existed.The court denied Ware’s request for statutory damages for the personnel files and payroll records but deferred the determination of statutory damages for the list of cases until O’Malley complied with the limited writ. The court awarded Ware $200 for court costs. View "State ex rel. Ware v. O'Malley" on Justia Law

An inmate at the Richland Correctional Institution, Kimani E. Ware, sought a writ of mandamus to compel Richland County Sheriff Steve Sheldon to provide public records he requested, including a booking report, use-of-force reports, and policies on inmate grievances and use of force. Ware also sought statutory damages and court costs.Ware sent his public-records request in October 2022, and the sheriff's office responded in November 2022. However, there was conflicting evidence regarding the completeness of the sheriff's response. Ware claimed that the sheriff did not provide the inmate-grievance policy and use-of-force policy, and that the sheriff provided incident reports instead of the requested use-of-force reports. Ware filed his mandamus complaint in December 2023, and the sheriff moved to dismiss, which was denied by the court. Both parties submitted evidence, but only Ware filed a timely merit brief.The Supreme Court of Ohio reviewed the case and found discrepancies in the evidence provided by Ware, suggesting that Ware may have altered the response letter from the sheriff's office. The court determined that Ware did not prove by clear and convincing evidence that the sheriff failed to provide the requested records. Consequently, the court denied Ware's claim for a writ of mandamus and his requests for statutory damages and court costs. The court also denied motions from both parties for leave to file additional evidence. View "State ex rel. Ware v. Sheldon" on Justia Law

Kenneth Ray Jr. died from asphyxiation due to an industrial accident involving nitrogen gas. His widow, Sharmel Culver, was awarded death benefits and subsequently applied for an additional award, alleging that Ray’s employer, TimkenSteel Corporation, violated specific safety requirements (VSSR). The Industrial Commission of Ohio denied the application, finding that the specific safety requirements did not apply because nitrogen gas is not considered "toxic" or a "poison."Culver sought a writ of mandamus from the Tenth District Court of Appeals, which determined that the commission abused its discretion. The court issued a limited writ, directing the commission to reconsider the VSSR analysis, concluding that nitrogen gas, in the concentration present in the elevator-control room, was toxic and thus fell under the applicable safety regulations.The Supreme Court of Ohio reviewed the case and reversed the Tenth District’s judgment. The court held that the commission did not abuse its discretion in denying the additional award. The court found that the commission’s decision was supported by some evidence, including expert testimony and industry literature indicating that nitrogen gas is not inherently toxic. The court emphasized that the regulations in effect at the time of Ray’s death defined "air contaminants" as including only "toxic" gases, and the evidence did not support a finding that nitrogen gas met this definition. The court concluded that the commission’s interpretation of the regulations was reasonable and that the Tenth District erred in substituting its own judgment for that of the commission. View "State ex rel. Culver v. Indus. Comm." on Justia Law

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