In the case of State ex rel. Ware v. Andrews, 2021-Ohio-4257, the Eleventh District Appellate Court held that the failure to respond to a public records request in a timely fashion entitled the requester to damages.
In this case, an inmate argued that because he filed a public records request with the clerk of courts and did not receive the records for 365 days, he is entitled to an award. The clerk of courts argued that the request had been satisfied so any award should be accordingly reduced.
The Court reasoned that although the requested documents were eventually provided, the clerk of courts is a well-informed public office and was aware of the obligation to timely respond to the request, so the inmate was entitled to $1,000 in damages.
To read this case, click here.
Authors: Matthew John Markling and the McGown & Markling Team.
Note: This blog entry does not constitute – nor does it contain – legal advice. Legal jurisprudence is like the always-changing Midwestern weather. As a result, this single blog entry cannot substitute for consultation with a McGown & Markling attorney. If legal advice is needed with respect to a specific factual situation, please feel free to contact a McGown & Markling attorney.