Dissell v. City of Cleveland, 012319 OHCOC, 2017-00855PQ

Docket Nº:2017-00855PQ
Opinion Judge:Patrick M. McGrath, Judge
Party Name:RACHEL L. DISSELL Requester v. CITY OF CLEVELAND Respondent
Case Date:January 23, 2019
Court:Court of Claims of Ohio
 
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2019-Ohio-471

RACHEL L. DISSELL Requester

v.

CITY OF CLEVELAND Respondent

No. 2017-00855PQ

Court of Claims of Ohio

January 23, 2019

Sent to S.C. Reporter 2/12/19

ENTRY MODIFYING AND ADOPTING RECOMMENDATION OF SPECIAL MASTER

Patrick M. McGrath, Judge

{¶1} Respondent City of Cleveland (City) objects to a special master's report and recommendation issued on December 14, 2018.

I. Background

{¶2} On October 19, 2017, pursuant to R.C. 2743.75(D) requester Rachel L. Dissell filed a complaint against the City, alleging that the City had failed to provide requested records pertaining to an amended public-records request. Dissell's amended request asked the City for the following: For Jan 1, 2016 - Dec. 31, 2016 and for Jan. 1, 2017 through August 1, 2017 the following electronically collected EMS/Cleveland Division of Fire or Cleveland Police Department records:

Any records that document Cleveland EMS/ Cleveland Fire Department or Cleveland Police Department units dispatched or called to respond to opioid related overdose calls, including heroin, synthetic opioids, fentanyl, carfentanil or opioid mixtures that include marijuana or cocaine.

Please include the date and time of the call, location or address of the call, neighborhood (if collected), on scene disposition and/or non-patient identifying narrative.

(Complaint, filed 10/19/17.) The court appointed a special master in the cause. The special master referred the case to mediation pursuant to R.C. 2743.75(E)(1). After mediation failed to successfully resolve all disputed issues between the parties, the court returned the case to the special master's docket.

{¶3} The City answered Dissell's complaint, generally denying the allegations in Dissell's complaint and contending that all non-privileged documents had been produced. The special master issued orders directing the parties to submit additional filings and to file certain documents under seal. See Orders dated July 30, 2018, August 20, 2018, September 11, 2018, October 25, 2018, and November 16, 2018.

{¶4} On December 14, 2018, the special master issued a report and recommendation...

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