In the case of State ex rel. Howson v. Delaware Cty. Sheriff’s Office, Slip Opinion No. 2023-Ohio-1440, the Ohio Supreme Court held that the sheriff’s office fulfilled the public record request when the requester failed to show that the request was not fulfilled.
In this case, the requester argued that the sheriff’s office did not provide all public records responsive to the request. In response, the sheriff’s office argued that (1) the office provided all records that were available and provided documentation about which requests were fulfilled and those that were unable to be fulfilled and (2) the requester failed to provide any evidence that the office failed to fulfill the request. The Ohio Supreme Court agreed with the sheriff’s office.
In support of its decision in favor of the sheriff’s office, the Ohio Supreme Court explained that the requester had failed to provide any evidence that the sheriff’s office did not fulfilled the record request.
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.