State ex rel. Rogers v. Dep't of Rehab. & Corr.

122 N.E.3d 1208, 2018 Ohio 5111, 155 Ohio St. 3d 545
CourtOhio Supreme Court
DecidedDecember 20, 2018
DocketNo. 2017-0331
StatusPublished
Cited by70 cases

This text of 122 N.E.3d 1208 (State ex rel. Rogers v. Dep't of Rehab. & Corr.) is published on Counsel Stack Legal Research, covering Ohio Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State ex rel. Rogers v. Dep't of Rehab. & Corr., 122 N.E.3d 1208, 2018 Ohio 5111, 155 Ohio St. 3d 545 (Ohio 2018).

Opinion

Kennedy, J.

*546{¶ 1} In this original action, relator, Cor-re-don Rogers, seeks a writ of mandamus to compel respondent, Ohio Department of Rehabilitation and Correction ("DRC"), to release security-camera video footage related to a use-of-force incident at Marion Correctional Institution ("MCI"). Rogers also seeks an award of statutory damages, attorney fees, and court costs. Because we hold that the requested record is neither an "infrastructure record" nor a "security record" under R.C. 149.433, we grant the writ of mandamus and order DRC to provide Rogers with an unredacted copy of the requested video. We further order DRC to reimburse Rogers for the court costs he paid to commence this original action, and we grant Rogers's request for attorney fees and statutory damages. We deny as moot DRC's motion for a protective order.

I. Background

A. Public-records request

{¶ 2} On February 15, 2017, Rogers, a DRC employee at MCI, sent a public-records request by electronic and certified mail to Pamela Shaw, administrative assistant to the warden at MCI. The request was for "any and all videos related to the following: 1. November 10, 2015 Use of Force Event involving Officer Shiffer and Lieutenant Byrd and Inmate Wilt (also referred to as a 'secondary Use of Force' on page 3 of Captain Straker's November 20, 2015 Investigation Summary Use of Force)." (Boldface and capitalization omitted.) On the same day, Shaw responded with an e-mail stating that the request was denied because "[t]he record of the security video cameras * * * is exempt from public record disclosure as both an infrastructure record and a security record, as *1211set forth in RC 149.433(B) and Ohio Administrative Code 5120-9-49(B)(6) and (B)(7)." Shaw further stated that the requested video "discloses the configuration of the department's critical systems, including security systems. The record also contains specific camera placement information that is directly used for protecting or maintaining the security of the department against attack, interference, sabotage, or to prevent, mitigate, or respond to acts of terrorism."

B. Procedural history

{¶ 3} On March 7, 2017, Rogers filed a complaint for a writ of mandamus alleging that DRC wrongly denied him timely access to the requested record in violation of R.C. 149.43(B). After mediation efforts were unsuccessful, DRC filed an answer to the complaint. On November 1, 2017, we granted an alternative writ and ordered DRC to file unedited copies of the withheld video under seal.

*547151 Ohio St.3d 1423, 2017-Ohio-8371, 84 N.E.3d 1061. DRC complied with the order, and the parties submitted a joint stipulation of facts. In addition, Rogers submitted as evidence his own affidavit, the affidavit of his attorney, James J. Leo, and copies of DRC's responses to Rogers's discovery requests. DRC submitted as evidence the affidavits of David Bobby, Northwest Regional Director for DRC, and Trevor Clark, DRC Assistant Chief Counsel.

C. Description of sealed evidence

{¶ 4} The camera that created the video at issue is in plain view. The video is continuous, soundless, and runs for two minutes and 28 seconds. The entire use-of-force incident is less than one minute of the video.

II. Legal Analysis

A. Mandamus and the Public Records Act

{¶ 5} Mandamus is an appropriate remedy to compel compliance with Ohio's Public Records Act. See R.C. 149.43(C)(1)(b). To be entitled to the writ, Rogers must demonstrate that he has a clear legal right to the requested relief and that DRC has a clear legal duty to provide the relief. State ex rel. Cincinnati Enquirer v. Sage , 142 Ohio St.3d 392, 2015-Ohio-974, 31 N.E.3d 616, ¶ 10. We consider the merits of Rogers's claim under the standard of clear and convincing evidence, which is understood as

that measure or degree of proof which is more than a mere "preponderance of the evidence," but not to the extent of such certainty as is required "beyond a reasonable doubt" in criminal cases, and which will produce in the mind of the trier of facts a firm belief or conviction as to the facts sought to be established.

Cross v. Ledford , 161 Ohio St. 469, 120 N.E.2d 118 (1954), paragraph three of the syllabus; see State ex rel. Cincinnati Enquirer v. Deters , 148 Ohio St.3d 595, 2016-Ohio-8195, 71 N.E.3d 1076, ¶ 19 (under the Public Records Act, a relator must prove, by clear and convincing evidence, his or her entitlement to relief in mandamus).

{¶ 6} R.C. 149.43(B)(1) requires a public office to make copies of public records available to any person upon request, within a reasonable period of time. A "public record" is a record "kept by any public office," including state offices. R.C. 149.43(A)(1). Because MCI is a public institution operated by a state agency, it qualifies as a "public office." See R.C. 149.011(A). The state policy underlying the Public Records Act is that "open government serves the public interest and our democratic system." State ex rel. Dann v. Taft , 109 Ohio St.3d 364, 2006-Ohio-1825

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Bluebook (online)
122 N.E.3d 1208, 2018 Ohio 5111, 155 Ohio St. 3d 545, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-rogers-v-dept-of-rehab-corr-ohio-2018.