In the case of State ex rel. Cincinnati Enquirer v. Cincinnati, Slip Opinion No. 2019-Ohio-3876, the Ohio Supreme Court held that a public records requestor is entitled to attorney’s fees and costs when a public office acts in bad faith in situations where the public office provided the requested records after the commencement of a mandamus action but before the writ of mandamus was issued.
In this case, a local newspaper made a public records request to a city seeking, among other records, individual police officer body camera footage. The city denied the request arguing that the footage was confidential law enforcement investigatory records — an exemption to public records requests. The newspaper petitioned for a writ of mandamus in the Ohio Supreme Court to compel release of the footage. After the local newspaper filed the petition, the city provided the requested public records with appropriate redactions.
The Ohio Supreme Court concluded that the city acted in bad faith by not reviewing or releasing the records until after the petition was filed. Thus, the local newspaper was entitled to attorney’s fees and costs because of the city’s bad faith.
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 always changing like the 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.