Brust v. Ohio Parole Bd.

Citations

• 2023 Ohio 4104

Syllabus

The policy of absolute confidentiality employed by defendants-appellees, the Ohio Parole Board and the Ohio Department of Rehabilitation & Correction, concerning substantively inaccurate written statements made by victims, their representatives, or their families is not mandated under Ohio law and constitutes both a denial of plaintiff-appellants' right to meaningful consideration for parole under State ex rel. Keith v. Dept. of Rehab. & Correction, 141 Ohio St.3d 375, 2014-Ohio-4270 and a violation of fundamental fairness principles at the heart of procedural due process. As a result, the trial court erred in granting defendants-appellees' Civ.R. 12(B)(6) motion to dismiss plaintiffs-appellants' action for declaratory judgment and injunctive relief. Judgment reversed.