In the case State ex rel. Griffin v. Sehlmeyer, Slip Opinion No. 2021-Ohio-3624, the Ohio Court of Claims held that a public records request was invalid because it does not request an existing record.
Here, an inmate requested the “names only” of five offenders who were murdered under the custody of the former warden. The public records custodian responded stating the requested record did not exist.
The Court found that the denial of the records request was proper. The Court reasoned that the requested record must exist and be maintained by the correctional institution to mandate a response and that there is no duty to create or provide access to nonexistent records.
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.