State ex rel. Harris v. Rhodes, No. 77-1207
| Court | United States State Supreme Court of Ohio |
| Writing for the Court | PER CURIAM; C. WILLIAM O'NEILL |
| Citation | 8 O.O.3d 36,374 N.E.2d 641,54 Ohio St.2d 41 |
| Docket Number | No. 77-1207 |
| Decision Date | 12 April 1978 |
| Parties | , 8 O.O.3d 36 The STATE ex rel. HARRIS v. RHODES, Governor, et al. |
Page 41
v.
RHODES, Governor, et al.
On August 25, 1977, relator, Christopher Harris, who is a prisoner in the Correctional Medical and Reception Center in Columbus, requested the clerk of that institution to produce certain documents pertaining to relator. The written request was refused.
On October 20, 1977, relator filed in this court a complaint in mandamus to compel respondent clerk "to produce for inspection and copying all documents in his possession or under his control."
Page 42
Christopher Harris, pro se.
William J. Brown, Atty. Gen., and Allen P. Adler, Columbus, for respondents.
PER CURIAM.
In order to be entitled to a writ of mandamus, relator must show (1) that he has a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts, and (3) that relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel. National City Bank, v. Bd. of Education (1977), 52 Ohio St.2d 81, 369 N.E.2d 1200.
Relator asserts that the requested records are "public records" which, pursuant to R.C. 149.43, "shall be open at all reasonable times for inspection."
However, the requested records are not public records under R.C. 149.43, which states, in part:
" '(P)ublic record' means any record required to be kept by any governmental unit * * * except records pertaining to physical or psychiatric examinations, * * * probation and parole proceedings, and records the release of which is prohibited by state * * * law." (Emphasis added.)
[374 N.E.2d 642] Records and files of prisoners are compiled pursuant to R.C. 5145.04, 5145.20 and 5145.22. These records are maintained under R.C. 5120.21, which states, in part:
"The department of rehabilitation and correction shall keep in its office, accessible only to its employees, * * * a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every inmate in the several institutions governed by it * * *." (Emphasis added.)
Relator has shown no clear legal right to the relief prayed for. Therefore, the writ of mandamus is denied.
Writ denied.
C. WILLIAM O'NEILL, C. J., and HERBERT, CELEBREZZE, WILLIAM B. BROWN, PAUL W. BROWN, SWEENEY and LOCHER, JJ., concur.
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State ex rel. Brown v. Ashtabula Cnty. Bd. of Elections, No. 2014–1405.
...to perform the requested relief, and (3) there must be no adequate remedy in the ordinary course of law. State ex rel. Harris v. Rhodes, 54 Ohio St.2d 41, 374 N.E.2d 641 (1978). {¶ 10} And as we explained in State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141, 228 N.E.2d 631 (1967),"t......
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State ex rel. Heller v. Miller, No. 79-161
...clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. (State ex rel. Harris v. Rhodes 54 Ohio St.2d 41, 374 N.E.2d 2. In actions instituted by the state to force the permanent, involuntary termination of parental rights, the United States a......
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State ex rel. Hogan Lovells U.S., L.L.P. v. Ohio Dep't of Rehab. & Corr., 2019-1511
...department or the order of the judge of a court of record, and except as provided in division (C)." See State ex rel. Harris v. Rhodes , 54 Ohio St.2d 41, 42, 374 N.E.2d 641 (1978) (holding that this language exempts records from disclosure under Ohio's Public Records Act). R.C. 5120.21(D) ......
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State ex rel. Ohio Council 8, American Federation of State, County and Mun. Employees, AFL-CIO v. Spellacy, AFL-CIO
...the law." State, ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 29, 451 N.E.2d 225, citing State, ex rel. Harris v. Rhodes (1978), 54 Ohio St.2d 41, 42, 374 N.E.2d 641 [8 O.O.3d 36]; State, ex rel. Heller v. Miller (1980), 61 Ohio St.2d 6, 399 N.E.2d 66 [15 O.O.3d 3], paragraph one of......
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State ex rel. Brown v. Ashtabula Cnty. Bd. of Elections, No. 2014–1405.
...to perform the requested relief, and (3) there must be no adequate remedy in the ordinary course of law. State ex rel. Harris v. Rhodes, 54 Ohio St.2d 41, 374 N.E.2d 641 (1978). {¶ 10} And as we explained in State ex rel. Pressley v. Indus. Comm., 11 Ohio St.2d 141, 228 N.E.2d 631 (1967),"t......
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State ex rel. Heller v. Miller, No. 79-161
...clear legal duty to perform the requested act, and that relator has no plain and adequate remedy at law. (State ex rel. Harris v. Rhodes 54 Ohio St.2d 41, 374 N.E.2d 2. In actions instituted by the state to force the permanent, involuntary termination of parental rights, the United States a......
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State ex rel. Hogan Lovells U.S., L.L.P. v. Ohio Dep't of Rehab. & Corr., 2019-1511
...department or the order of the judge of a court of record, and except as provided in division (C)." See State ex rel. Harris v. Rhodes , 54 Ohio St.2d 41, 42, 374 N.E.2d 641 (1978) (holding that this language exempts records from disclosure under Ohio's Public Records Act). R.C. 5120.21(D) ......
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State ex rel. Ohio Council 8, American Federation of State, County and Mun. Employees, AFL-CIO v. Spellacy, AFL-CIO
...the law." State, ex rel. Berger v. McMonagle (1983), 6 Ohio St.3d 28, 29, 451 N.E.2d 225, citing State, ex rel. Harris v. Rhodes (1978), 54 Ohio St.2d 41, 42, 374 N.E.2d 641 [8 O.O.3d 36]; State, ex rel. Heller v. Miller (1980), 61 Ohio St.2d 6, 399 N.E.2d 66 [15 O.O.3d 3], paragraph one of......