Ferguson v. Cleveland Div. of Police

Citations

• 2025 Ohio 5354

Syllabus

Mandamus, arrest record, close and seal arrest record, no duty or right, adequate remedy in the ordinary course of the law, Civ.R. 10(A), R.C. 2731.04. The complaint for mandamus is procedurally defective because the relators failed to comply with Civ.R. 10(A), a defective caption, and R.C. 2731.04, complaint for mandamus not brought in the name of the state on relation of the person applying. In addition, it is well settled that in order for a writ of mandamus to issue the relator must demonstrate (1) a clear legal right to the relief sought; (2) the CDP is under a clear duty to perform the requested act; and (3) there exists no plain and adequate remedy in the ordinary course of the law. The relator has failed to establish a clear legal right, a clear legal duty on the part of the respondent, and there exists no adequate remedy in the ordinary course of the law. Complaint dismissed.