In the case of State ex rel. Atakpu v. Shuler, Slip Opinion No. 2023-Ohio-2266, the Ohio Supreme Court held that the public office did not have to pay statutory damages and court costs when the public office responded to a public record request in good faith but provided the incorrect records.
In this case, the requestor argued that the records provided were improperly formatted which led to some information being unviewable. In response, the public office argued that the requestor did not make it known that the records provided were incorrect. The Ohio Supreme Court agreed with the public office.
In support of its decision in favor of the public office, the Ohio Supreme Court explained that the records that were provided, although incorrect, were provided in good faith. The Ohio Supreme Court further explained that, while the correct records did need to be provided, the awarding of damages, including court costs, is at the discretion of the court when the wrong records are provided in good 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 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.