Ohio Crime Victim Justice Ctr. v. Cleveland

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[Cite as Ohio Crime Victim Justice Ctr. v. Cleveland, 2017-Ohio-9412.] OHIO CRIME VICTIM JUSTICE CENTER Case No. 2016-00872-PQ Judge Patrick M. McGrath Requester v. ENTRY ADOPTING REPORT AND RECOMMENDATION OF SPECIAL MASTER CITY OF CLEVELANDPOLICE DIVISION Respondent {¶1} On November 17, 2017, the Special Master issued a report recommending that the court issue an order DISMISSING requester’s claims for records produced prior to the report and recommendation as MOOT. The Special Master further recommended that the court find respondent to have properly redacted text revealing the intimate details of alleged sexual assaults, and that other exceptions detailed in the report and recommendation were or could be properly applied to the remaining responsive records. The Special Master recommended that the court find that statutory exceptions applicable to children services agency reports may not be applied to police department reports created for related criminal investigation. R.C. 2743.75(F)(2) states, in part: “Either party may object to the report and recommendation within seven business days after receiving the report and recommendation by filing a written objection with the clerk * * *.” No objections were filed by either party. {¶2} The court determines that there is no error of law or other defect evident on the face of the Special Master’s decision. Therefore, the court adopts the Special Master’s report and recommendation as its own, including findings of fact and conclusions of law contained therein. Respondent is hereby ORDERED to provide requester with additional records in conformity with the report and recommendation of Case No. 2016-00872-PQ -2- ENTRY the Special Master, accompanied by explanations, including legal authority, for the authorized withholding and redactions of the records thus produced. {¶3} Court costs are assessed against Respondent, and OCVJC is entitled to recover from Cleveland PD the costs associated with this action, including the twentyfive dollar filing fee. R.C. 2743.75(F)(3)(b). The Clerk shall serve upon all parties notice of this judgment and its date of entry upon the journal. PATRICK M. MCGRATH Judge cc: Christopher D. Woeste P.O. Box 369 Powell, Ohio 43065 Filed December 12, 2017 Sent to S.C. Reporter 1/11/18 Stacey M. Pellom City of Cleveland, Department of Law 601 Lakeside Avenue, Room 106 Cleveland, Ohio 44114

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