Whitehead v. Ohio Dept. of Rehab. & Corr.

Citations

• 2023 Ohio 424

Syllabus

Public Record R.C. 149.43 R.C. 2743.75 R.C. 5120.21 Admin. Code. 5120:9-49 Public records request made after the filing of an R.C. 2743.75 complaint will not be not considered in connection with that complaint R.C. 149.43 does not require public office to respond to questions seeking narrative answers Res judicata bars claims based on requests for public records litigated in a prior case Public office must clearly assert the non-existence of responsive records Requester must provide clear and convincing evidence of the existence of responsive records after public office has properly asserted that no responsive records exist The Department of Rehabilitation and Correction has discretion to release records covered by R.C. 5120.21(F).