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Federal FIOA Doesn’t Apply to OH State Agencies
Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state Public Records Act (PRA), Ohio Rev. Code § 149.43 et seq. The trial court dismissed because the FOIA didn’t apply, and Becker hadn’t obtained an order from the sentencing court finding the documents necessary for a viable claim.
On appeal, the Court of Appeals of Ohio, 10th Appellate District, Franklin County, agreed that the federal FOIA didn’t apply to Ohio state agencies, and that the state PRA required Beaker to get an order from the sentencing court finding the documents necessary to support a justiciable claim before requesting them. On that basis, the Court affirmed the trial court’s dismissal of the case. See: state ex rel. Jan Becker v. Ohio State Highway Patrol, 2003 Ohio 1450 (2003).
On appeal, the Court of Appeals of Ohio, 10th Appellate District, Franklin County, agreed that the federal FOIA didn’t apply to Ohio state agencies, and that the state PRA required Beaker to get an order from the sentencing court finding the documents necessary to support a justiciable claim before requesting them. On that basis, the Court affirmed the trial court’s dismissal of the case. See: state ex rel. Jan Becker v. Ohio State Highway Patrol, 2003 Ohio 1450 (2003).
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Related legal case
Jan Becker v. Ohio State Highway Patrol
| Year | 2003 |
|---|---|
| Cite | 2003 Ohio 1450 (2003) |
| Level | State Court of Appeals |
| Injunction Status | N/A |