State ex rel. Ware v. Walsh
Decision Date | 05 March 2020 |
Docket Number | No. 2019-0772,2019-0772 |
Parties | The STATE EX REL. WARE, Appellant, v. WALSH, Pros. Atty., Appellee. |
Court | Ohio Supreme Court |
Kimani Ware, pro se.
Sherri Bevan Walsh, Summit County Prosecuting Attorney, and Colleen Sims, Assistant Prosecuting Attorney, for appellee.
{¶ 1} In March 2019, appellant, Kimani Ware, a prison inmate, filed a complaint for a writ of mandamus in the Ninth District Court of Appeals alleging that Summit County Prosecuting Attorney Sherri Bevan Walsh failed to properly respond to a public-records request. The Ninth District dismissed the complaint, determining that Ware had not complied with R.C. 2969.25(A). Ware appealed to this court as of right. We affirm.
{¶ 2} R.C. 2969.25(A) requires an inmate commencing a civil action against a government employee in a court of appeals to file an affidavit that contains "a description of each civil action or appeal of a civil action that the inmate has filed in the previous five years in any state or federal court." "[T]he statute requires strict compliance." State ex rel. Swanson v. Ohio Dept. of Rehab. & Corr. , 156 Ohio St.3d 408, 2019-Ohio-1271, 128 N.E.3d 193, ¶ 6. Because it is undisputed that Ware is an inmate and that Walsh is a government employee, Ware was required to comply with R.C. 2969.25(A).
Although Ware's affidavit states that none of the listed actions was deemed by a court to be frivolous or malicious, it does not provide any information describing the outcome of the actions as required under R.C. 2969.25(A)(4).
{¶ 4} "The requirements of R.C. 2969.25 are mandatory and failure to...
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