State ex rel. Frank v. Clermont County Prosecutor
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The Supreme Court denied the writ of mandamus sought by Andrew Frank to compel the production of public records from the Clermont County prosecuting attorney, holding that Frank did not show that he was entitled to the writ.
Frank filed this original action seeking four specific items, including a "packet of information" sent to the Ohio State University Office of Student Life/Student Conduct (OSU), damages, costs and attorney fees. The prosecutor provided the records that had been sent to OSU, thereby mooting the primary claim in Frank's mandamus complaint. In a subsequent merit brief, Frank asserted that a writ of mandamus was necessary to compel the prosecutor to produce any additional responsive records that may exist. The Supreme Court denied the writ, holding (1) Frank failed to show that the prosecutor was currently withholding responsible documents; and (2) the prosecutor did not breach any obligation under the Public Records Act, and therefore, Frank was not entitled to attorney fees, statutory damages, or court costs.
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