Diebert v. N. Baltimore Police Dept.

Citations

• 2022 Ohio 3052

Syllabus

After none of the parties objected to a Special Master's Report and Recommendation, in a nunc pro tunc entry the Court found no error of law or other defect was evident on the face of the Special Master's Report and Recommendation and the Court adopted the Report and Recommendation. The Court granted, in part, Respondents' motion to dismiss as to requests of October 20 and 25, 2021. The Court found that (1) the claims for production of records were moot, (2) Requesters had not shown by clear and convincing evidence that any additional responsive records existed, with one exception as stated in the Report and Recommendation, (3) Respondents failed to produce several existing records responsive to the request for procedures on handling complaints against North Baltimore Police Department officers, and (4) Respondents violated R.C. 149.43(B)(1) by not producing the records within a reasonable period of time. The Court determined that Requesters were entitled to recover from Respondents the amount of the filing fee of twenty-five dollars and any other costs associated with the action that were incurred by Requesters, but Requesters were not entitled to recover attorney fees.