In the case of State ex rel. Woods v. Lawrence Cty. Sheriff’s Office, Slip Opinion No. 2023-Ohio-1241, the Supreme Court of Ohio held that an indigent pro se requester could recover the $700 statutory damages but not attorney fees and court costs under R.C. 149.43(C) when the sheriff sent the requested written retention schedule seven business days after the requester filed the case with the court.
In this case, the requester argued that (1) the request was not vague as it was sent to the office that created the records and (2) R.C. 149.43(C)(1)(b) authorized attorney fees and court courts if the requester retained council. In response, the sheriff argued that (1) the request for “a written retention schedule” was vague and should have been labeled as a request for the “Lawrence County Sheriff’s Office’s Record Retention Schedule” and (2) the requester retained no attorney and incurred no court costs as the requester filed an affidavit of indigency. The Supreme Court of Ohio agreed with the requester on the statutory damages claim and with the sheriff on the attorney fees and court costs claim.
In support of its decision in favor of the requester on the statutory damages claim, the Supreme Court of Ohio explained that the request, sent to the county sheriff, fairly described that the requester sought that office’s retention schedule.
In support of its decision in favor of the sheriff on the attorney fees and court costs claim, the Supreme Court of Ohio explained that the requester could not recover attorney fees and court costs because the requester did not incur any of those costs.
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.