holding that this language exempts records from disclosure under Ohio's Public Records ActSummary of this case from State ex rel. Hogan Lovells U.S. v. Ohio Dep't of Rehab. & Corr.
Decided April 12, 1978.
Mandamus — To compel inspection of public records — Denied, when — Prisoner files not public records — R.C. 149.43 construed.
On August 25, 1977, relator, Christopher Harris, who is a prisoner in the Correctional Medical and Reception Center in Columbus, requested the clerk of that institution to produce certain documents pertaining to relator. The written request was refused.
On October 20, 1977, relator filed in this court a complaint in mandamus to compel respondent clerk "to produce for inspection and copying all documents in his possession or under his control."
Mr. Christopher Harris, pro se. Mr. William J. Brown, attorney general, and Mr. Allen P. Adler, for respondents.
In order to be entitled to a writ of mandamus, relator must show (1) that he has a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts, and (3) that relator has no plain and adequate remedy in the ordinary course of the law. State, ex rel. National City Bank, v. Bd. of Education (1977), 52 Ohio St.2d 81.
Relator asserts that the requested records are "public records" which, pursuant to R.C. 149.43, "shall be open at all reasonable times for inspection."
However, the requested records are not public records under R.C. 149.43, which states, in part:
"`[P]ublic record' means any record required to be kept by any governmental unit * * * except records pertaining to physical or psychiatric examinations, * * * probation and parole proceedings, and records the release of which is prohibited by state * * * law." (Emphasis added.)
"The department of rehabilitation and correction shall keep in its office, accessible only to its employees, * * * a record showing the name, residence, sex, age, nativity, occupation, condition, and date of entrance or commitment of every inmate in the several institutions governed by it * * *." (Emphasis added.)
Relator has shown no clear legal right to the relief prayed for. Therefore, the writ of mandamus is denied.
O'NEILL, C.J., HERBERT, CELEBREZZE, W. BROWN, P. BROWN, SWEENEY and LOCHER, JJ., concur.