Ware v. Mansfield Correctional Institution, 011119 OHCOC, 2018-01386PQ

Docket Nº:2018-01386PQ
Opinion Judge:JEFFERY W. CLARK, SPECIAL MASTER
Party Name:KIMANI E. WARE Requester v. MANSFIELD CORRECTIONAL INSTITUTION Respondent
Case Date:January 11, 2019
Court:Court of Claims of Ohio
 
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2018-Ohio-5446

KIMANI E. WARE Requester

v.

MANSFIELD CORRECTIONAL INSTITUTION Respondent

No. 2018-01386PQ

Court of Claims of Ohio

January 11, 2019

Sent to S.C. Reporter 1/11/19

REPORT AND RECOMMENDATION

JEFFERY W. CLARK, SPECIAL MASTER

{¶1} On July 18, 2018, requester Kimani Ware filed a complaint under R.C. 2743.75 alleging denial of access to public records in violation of R.C. 149.43(B). Ware alleges that he sent letters to the Warden's Assistant Office of respondent Mansfield Correctional Institution (ManCI) on April 30, 2018, and again on June 18, 2018, requesting the following records: A copy of M.C.I. (Mansfield) Library Schedule

A copy of M.C.I. (Mansfield) Religious Services Scheduling Calendar

A copy of M.C.I. (Mansfield) Library Advisory Committee Forms from January 1st, 2015 through January 1st, 2018

A copy of M.C.I. (Mansfield) Monthly Library Reports from December 5th, 2017 through January 5th, 2018

A copy of M.C.I. (Mansfield) Library Procedure Manual/Operating Manual

(Complaint at 4-5.) Ware asserts that he did not receive the requested records, did not receive a written response from ManCI, and did not receive an explanation for denial of the requests. Ware seeks an order compelling ManCI to produce certification of its compliance with training in public records law pursuant to R.C. 149.43(E)(1), and for production of the requested records. Ware declined the court's mediation services in this action.

{¶2} On December 7, 2018, ManCI filed a motion to dismiss or in the alternative, motion for summary judgment (Response). As grounds, ManCI asserts that Ware did not provide affirmative evidence that he had actually mailed the alleged requests, and that ManCI rendered the claims moot after the filing of the complaint by providing copies of all requested records.

{¶3} Ohio's Public Records Act, R.C. 149.43, provides a remedy for production of records under R.C. 2743.75 if the court of claims determines that a public office has denied access to public records in violation of R.C. 149.43(B). The policy underlying the Act is that "open government serves the public interest and our democratic...

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