19 results for 'cat:"Public Record" AND cat:"Damages"'.
J. Casper denies a man with a criminal past’s motion to dismiss claims brought against him by a website owner, who the former criminal sent threatening emails to and published critical content about after the webmaster published information about his criminal history. The webmaster met the burden of showing he has plausibly suffered more than $75,000 in damages.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 25, 2024, Case #: 1:23cv10134, NOS: Assault, Libel, & Slander - Torts - Personal Injury, Categories: public Record, damages, Defamation
Per curiam, the Ohio Supreme Court partially grants a writ of mandamus for the release of records related to a prisoner’s six public records requests. The court awards him statutory damages of $1,000 each, for two requests that were not fulfilled by the Ohio Department of Corrections. As for the other requests, the inmate submitted several requests to a contractor of the Ohio Department of Corrections that was not the custodian of the records; receiving referrals to the proper office does not constitute a denial of the request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 21, 2024, Case #: 2024-Ohio-1015, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus was mooted when the correctional facility provided copies of the documents he requested, but that he is entitled to statutory damages of $1,000 for the 11-day delay following his initial request.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: March 6, 2024, Case #: 2024-Ohio-770, Categories: public Record, damages
J. Ashe grants a request by an alleged police brutality victim, awarding civil penalties in the total amount of $17,000 for the city’s failure to timely respond to his state law public records requests for interviews by internal affairs investigators, 911 call materials and police body-worn camera footage. The city acted unreasonably or arbitrarily by failing to give any explanation for its seven-business-day delay in responding to the litigant’s first public records request, instead stating he did not suffer any injury due to the de minimus delay. A civil penalty is not awarded based on the injury suffered by the requestor; it is awarded when a custodian unreasonably fails to timely notify the requestor of the availability of records, advise of an exception for their production or provide an estimated completion date.
Court: USDC Eastern District of Louisiana , Judge: Guidry, Filed On: March 1, 2024, Case #: 2:19cv11803, NOS: Other Civil Rights - Civil Rights, Categories: public Record, damages, Police Misconduct
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Per curiam, the Supreme Court of Ohio finds the inmate is entitled to statutory damages of $1,000 for the warden's initial refusal to provide a copy of the mental health documentation sought through a public records request, as the warden failed to provide any evidence to rebut the inmate's claim the document was available at the time of his initial filing.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 21, 2024, Case #: 2024-Ohio-596, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio denies an individual's request for a writ of mandamus because the Ohio Public Records Act does not require the county agency to allow him to inspect certain public records in their native format, while certain documents he requested are also controlled by a separate agency uninvolved in this action. However, because the county agency took nearly five months to respond to his initial request, he is entitled to $1,000 in statutory damages for the delay.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-103, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio grants the inmate's petition for a writ of mandamus to compel production of a prison kite sent to the prison cashier because the kite is a public record under Ohio law following this court's ruling in Mobley v. Dept. of Rehabilitation and Correction. However, because the Mobley opinion had not been issued at the time the inmate made his initial request, the department's refusal was made in good faith and the inmate is not entitled to statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: November 22, 2023, Case #: 2023-Ohio-4183, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio grants, in part, an individual's motion for a writ of mandamus, ruling he is entitled to camera footage and other public records the warden failed to provide and that are not exempt from disclosure under the Ohio Public Records Act. Additionally, the warden's failure to provide the public records and his improper responses to the initial requests entitles him to $3,000 in statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 27, 2023, Case #: 2023-Ohio-3399, Categories: public Record, damages
J. Kennedy finds that while this court previously remanded an individual's case to the appeals court with instructions to provide further analysis of his Open Meetings Act claims, the appeals court properly granted the board of commissioner's motion to dismiss because the petitioner had already obtained relief in the form of certain public documents, while the allegedly unlawful consent agenda was no longer used by the board, which mooted the claim. However, the appeals court erroneously reopened the question of whether the board's initial actions violated the Act, and so the case will again be remanded to allow for analysis of whether he is entitled to statutory damages. Affirmed in part.
Court: Ohio Supreme Court, Judge: Kennedy, Filed On: September 26, 2023, Case #: 2023-Ohio-3382, Categories: Government, public Record, damages
Per curiam, the Supreme Court of Ohio denies a teacher's request to compel the production of documents related to an incident of suspected child abuse because there is no indication the call screen log was ever produced by the police department during the investigation into another teacher at the school. Meanwhile, the petitioner is not entitled to statutory damages under the Ohio Public Records Act because the initial redactions in the records were made to protect the identity of a possible suspect.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 19, 2023, Case #: 2023-Ohio-3285, Categories: Government, public Record, damages
Per curiam, the Supreme Court of Ohio finds the court of appeals properly granted the union's request for a writ of mandamus and statutory damages following a city's refusal to provide certain requested records. The union's request for all emails exchanged between two specific city employees over a specific period of time satisfied particularity requirements of the Ohio Public Records Act and required the city to promptly provide the requested information. Affirmed in part.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 7, 2023, Case #: 2023-Ohio-3112, Categories: Government, public Record, damages
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus to compel production of certain documents became moot when the warden's assistant fulfilled the initial request. Furthermore, he is not entitled to statutory damages because he failed to follow up on the initial request prior to filing his petition with this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3096, Categories: Civil Procedure, public Record, damages
Per curiam, the Supreme Court of Ohio finds the inmate is not entitled to a writ of mandamus to compel the production of documents from the warden because he failed to rebut the warden's testimony the requested records do not exist, which also precludes any award of statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 5, 2023, Case #: 2023-Ohio-3080, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio finds the lower court properly denied the inmate's petition for a writ of mandamus. His claims were mooted when the clerk of courts provided the requested documents less than a week after he filed his petition. However, because eight of the inmate's document requests were initially denied on an improper basis, he is entitled to statutory damages in the amount of $700. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 26, 2023, Case #: 2023-Ohio-2536, Categories: public Record, damages
Per curiam, the Supreme Court of Ohio finds that while the prison inspector inadvertently sent the wrong documents when the inmate made his initial records request, the lower court properly denied the inmate's request for statutory damages under the Public Records Act. The inspector not only reasonably believed she had satisfied the request, but also provided the correct documents as soon as the mistake was discovered. Affirmed.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: July 6, 2023, Case #: 2023-Ohio-2266, Categories: public Record, damages