Opinion

Brown-Austin v. S. Ohio Corr. Facility

  • 2026 Ohio 1715
Court
Ohio Court of Claims
Filed
Apr 28, 2026
Status
Published
On the bench
Morris
Cited by
0 cases
Authority
More cited than 40.5%

The opinion

[Cite as Brown-Austin v. S. Ohio Corr. Facility, 2026-Ohio-1715.]

IN THE COURT OF CLAIMS OF OHIO

YUSUF Y. BROWN-AUSTIN Case No. 2025-00781PQ

Requester Special Master Adam Z. Morris

v. SUPPLEMENTAL REPORT AND

RECOMMENDATION

SOUTHERN OHIO CORRECTIONAL

FACILITY

Respondent

{¶1} This case is before the special master, on remand from the court, for a

supplemental report and recommendation related to requester’s February 2, 2026 motion

for contempt and respondent’s satisfaction of the November 18, 2025 report and

recommendation and subsequent December 18, 2025 decision and entry. Upon review,

the special master recommends that the court: (1) find respondent satisfied the court’s

December 18, 2025 decision and entry ordering respondent to “produce copies of the

records responsive to the portions of the July 7, 2025, described in the R&R and appendix

thereof;” (2) find respondent satisfied the court’s December 18, 2025 decision and entry

ordering respondent to “produce records responsive to the Security Level Review

Request subject to redactions supported by law including redactions supported by

exemptions found in R.C. 5120.21(A)-(D);” (3) find respondent failed to satisfy the court’s

December 18, 2025 decision and entry ordering respondent to “reimburse [requester] for

his filing fee[;]” (4) conclude that requester’s February 2, 2026 motion for contempt is

moot as it relates to requester’s public record requests, as lawfully ordered in the

December 18, 2025 decision and entry (requester’s February 2, 2026 motion for contempt

is DENIED as moot); and (5) conclude by clear and convincing evidence that respondent

is in contempt as it relates to the reimbursement of requester’s filing fee, as lawfully

ordered in the December 18, 2025 decision and entry (requester’s February 2, 2026

motion for contempt is GRANTED), or provide respondent a date certain to preemptively

Case No. 2025-00781PQ -2- SUPPLEMENTAL REPORT AND RECOMM.

purge any possible finding of contempt related to the reimbursement of requester’s filing

fee, which would then render requester’s entire February 2, 2026 motion for contempt

moot.

I. Background.

{¶2} Requester, Yusuf Brown-Austin, is an inmate in the custody and control of

respondent at its Southern Ohio Correctional Facility (SOCF). This case is remanded to

the special master on requester’s February 2, 2026 motion for contempt after full briefing

on requester’s underlying public records requests, which resulted in a November 18, 2025

report and recommendation and subsequent December 18, 2025 decision and entry.

(March 9, 2026 entry; March 12, 2026 entry appointing special master). Requester’s

February 2, 2026 motion for contempt had been fully briefed before this case was returned

to the special master.

{¶3} The special master’s November 18, 2025 report and recommendation

recommended that the court:

A. Order the respondent to produce copies of the records responsive to the

second component of requester’s July 7, 2025, records request subject

only to the redactions listed in the appendix to this report and

recommendation;

B. Order respondent to produce the records responsive to requester’s July

24, 2025, records request subject to redactions supported by law;

C. Order respondent to pay requester’s filing fee;

D. Order respondent to pay the balance of the costs of this case; and

E. Deny all other relief.

(November 18, 2025 report and recommendation, p. 12). After overruling respondent’s

objections, the court issued a December 18, 2025 decision and entry ordering:

(1) SOCF to produce copies of the records responsive to the portions of

the July 7, 2025, described in the R&R and appendix thereof;

(2) SOCF to produce records responsive to the Security Level Review

Request subject to redactions supported by law including redactions

supported by exemptions found in R.C. 5120.21(A)-(D); and

(3) SOCF to reimburse Brown-Austin for his filing fee.

Case No. 2025-00781PQ -3- SUPPLEMENTAL REPORT AND RECOMM.

(December 18, 2025 decision and entry, p. 6).

{¶4} On March 16, 2026 and April 17, 2026, the special master issued orders for

additional information and evidence from the parties regarding requester’s February 2,

2026 motion for contempt and respondent’s satisfaction of the November 18, 2025 report

and recommendation and subsequent December 18, 2025 decision and entry. (March

16, 2026 order; April 17, 2026 order).

{¶5} On March 30, 2026 and April 7, 2026, respondent filed submissions of records

in compliance with the special master’s March 16, 2026 order.1 On April 8, 2026,

respondent filed its response in satisfaction of requirements related to the public records

requested. On April 22, 2026, respondent filed its purported response in satisfaction of

requirements related to requester’s filing fee.

{¶6} On April 24, 2026, requester filed an untimely reply in opposition to

respondent’s response in satisfaction, which shall not be considered. (March 16, 2026

order, p. 4).

II. Requester’s February 2, 2026 Motion for Contempt

{¶7} Requester’s February 2, 2026 motion for contempt specifically alleges two

violations of the court’s December 18, 2025 decision and entry: (1) respondent failed to

produce copies of the records responsive to the portions of the July 7, 2025, described in

the R&R and appendix thereof (Email Records) and (2) respondent failed to produce

records responsive to the Security Level Review Request subject to redactions supported

by law including redactions supported by exemptions found in R.C. 5120.21(A)-(D)

(Security Level Records). However, for sake of completeness, the totality of the briefing

on requester’s February 2, 2026 motion for contempt also provides that (3) respondent

failed to reimburse requester for his $25.00 filing fee.

III. Analysis

{¶8} A party invoking R.C. 2743.75 must “prove facts showing that the requester

sought an identifiable public record pursuant to R.C. 149.43(B)(1) and that the public

1 On April 2, 2026, the special master granted requester’s motion for leave to file amended evidence

related to its March 30, 2026 filing. (April 2, 2026 order).

Case No. 2025-00781PQ -4- SUPPLEMENTAL REPORT AND RECOMM.

office or records custodian did not make the record available.” (Emphasis added.) Welsh-

Huggins v. Jefferson Cty. Prosecutor’s Office, 2020-Ohio-5371, ¶ 33.

{¶9} “In general, the provision of requested records to a [requester] in a public-

records . . . case renders the . . . claim moot.” State ex rel. Cincinnati Enquirer v. Dupuis,

2002-Ohio-7041, ¶ 8. A public records case can be mooted by the respondent producing

the responsive records during the course of the litigation. State ex rel. Striker v. Smith,

2011-Ohio-2878, ¶ 17-18, 22.

A. Email Records.

{¶10} The December 18, 2025 decision and entry ordered respondent to “produce

copies of the records responsive to the portions of the July 7, 2025, described in the R&R

and appendix thereof.” (December 18, 2025 decision and entry, p. 6). In the report and

recommendation, reviewing the October 2, 2025 Responsive Records previously

provided to requester, the special master recommended that respondent “produce copies

of the records previously produced without any redactions other than those made to

Responsive Records, pp. SOCF (B)(1) 09, 014, 015, 017, 018, 020, 021.” (November 18,

2025 report and recommendation, p. 7, 12, appendix).

{¶11} Upon review, on March 30, 2026, respondent filed an updated Responsive

Records document, which included the ordered records without such redactions, as well

as a February 12, 2026 delivery letter to requester enclosing those ordered records, which

requester signed for on February 13, 2026. On April 8, 2026, respondent confirmed its

satisfaction of this part of the December 18, 2025 decision and entry orders by affidavit

evidence, again attaching and certifying the delivery letter.

{¶12} The special master therefore recommends that the court find respondent

satisfied the court’s December 18, 2025 decision and entry ordering respondent to

“produce copies of the records responsive to the portions of the July 7, 2025, described

in the R&R and appendix thereof[.]”

B. Security Level Records.

{¶13} The December 18, 2025 decision and entry ordered respondent to “produce

records responsive to the Security Level Review Request subject to redactions supported

by law including redactions supported by exemptions found in R.C. 5120.21(A)-(D)[.]”

(December 18, 2025 decision and entry, p. 6). Respondent did not produce any Security

Case No. 2025-00781PQ -5- SUPPLEMENTAL REPORT AND RECOMM.

Level Records for the special master to review prior to the issuance of the November 18,

2025 report and recommendation.

{¶14} Upon review, on March 30, 2026, respondent filed Responsive Records

documents, which included the ordered Security Level Records in a redacted format that

was provided to requester, the unredacted versions under seal, and an index indicating

the basis for each individual exemption from production. Respondent also filed a

February 11, 2026 delivery letter and March 30, 2026 delivery letter to requester

enclosing those Security Level Records in a redacted format, which requester signed for

on February 11, 2026 and March 31, 2026, respectively. On April 8, 2026, respondent

confirmed its satisfaction of this part of the December 18, 2025 decision and entry by

affidavit evidence, again attaching and certifying the delivery letters.

{¶15} However, because the special master did not review the Security Level

Records prior to the issuance of the November 18, 2025 report and recommendation, the

special master shall make a determination whether the redactions were proper and

subsequently, whether the respondent satisfied the court’s December 18, 2025 decision

and entry.

{¶16} Respondent bases its redactions of the Security Level Records on R.C.

5120.21(D)(6) as well as case law limiting production of respondent’s records to inmates,

such as requester.

{¶17} “R.C. 5120.21(D) requires DRC and its institutions to keep seven categories

of confidential records.” State ex rel. Mobley v. Ohio Dept. of Rehab. & Corr., 2022-Ohio-

1765, ¶ 21, citing R.C. 5120.21(D). R.C. 5120.21(D)(6) likely “contain[s] specific

information about inmates,” and “[t]hough these records are confidential, DRC may

consent to their release.” Id. R.C. 5120.21(D)(6) states that “[n]otwithstanding any other

law of this state of the United States to the contrary, the department and the officers of its

institutions shall keep confidential and accessible only to its employes, except by the

consent of the department or the order of a judge of a court of record, . . . Information and

data of any kind or medium pertaining to groups that pose a security threat[.]” Requester

cites its internal policy related to the Security Level Records that requester seeks, 53-

CLS-10 “Level E (ERH) Security Reviews,” which states that:

Case No. 2025-00781PQ -6- SUPPLEMENTAL REPORT AND RECOMM.

It is the policy of the ODRC to limit the use of extended restrictive housing

(ERH) to only those incarcerated persons who pose the greatest threat to

the safety and security of a correctional facility and cannot be managed

safely in general population. . . . and is reserved for those whose violent,

disruptive, predatory, riotous, or other serious misbehavior poses a serious

threat to other incarcerated persons, staff, the orderly operation of the

institution, or the general public.

Ultimately, inmates can be precluded from possessing public records that “trumps the

prison’s discretion to ‘maintain institutional security.’” (Internal citations omitted.) State

ex rel. Cook v. Magee, 2026-Ohio-1106, ¶ 12. Adm.Code 5120-9-19(C) further excludes

inmates from possessing printed records “if it is deemed to be detrimental to, or to pose

a threat to the rehabilitation of inmates; the security of the institution; or, the good order

or discipline of the institution.” And inmates are limited to “records of inmates” under

5120.21(F) concerning themselves rather than other inmates. See State ex rel. McCarley

v. Ohio Dept. of Rehab. and Corr., 2022-Ohio-3397, ¶ 12 (10th Dist.).

{¶18} If a redaction is based on an exemption from public record status the public

office must prove the propriety of applying the exemption. A public office asserting an

exemption must “prove facts clearly establishing the applicability of the exemption.”

(Internal punctuation omitted.) Welsh-Huggins, 2020-Ohio-5371, at ¶ 27, 35, 54. It “does

not meet this burden if it has not proven that the requested records fall squarely within

the exception,” and the courts “resolve any doubt in favor of disclosure.” Id. at ¶ 27, 50,

63. The public office must produce extrinsic evidence if the applicability of the exemption

is “not obviously apparent and manifest just from the content of the record itself[.]” Id. at

¶ 30, 35, 50, 53. “Unsupported conclusory statements in an affidavit are insufficient.” Id.

at ¶ 35.

{¶19} Upon review, comparing respondent’s redacted Security Level Records

provided to requester with the unredacted Security Level Records filed under seal,

respondent appropriately redacted the provided records consistent with R.C.

5120.21(D)(6) and applicable case law.

{¶20} The special master therefore recommends that the court find respondent

satisfied the court’s December 18, 2025 decision and entry ordering respondent to

Case No. 2025-00781PQ -7- SUPPLEMENTAL REPORT AND RECOMM.

“produce records responsive to the Security Level Review Request subject to redactions

supported by law including redactions supported by exemptions found in R.C.

5120.21(A)-(D)[.]”

C. Filing Fee

{¶21} The December 18, 2025 decision and entry ordered respondent to

“reimburse [requester] for his filing fee.” The filing fee at issue is $25.00.

{¶22} Upon review, respondent states in its February 13, 2026 response in

opposition to requester’s February 2, 2026 motion for contempt that “[r]eimbursement of

Requester’s filing fee has been submitted and is currently being processed and should

be deposited in Requester’s inmate account within a reasonable period of time.”

(February 13, 2026 response in opposition to motion for contempt). Moreover, on April

22, 2026, respondent confirmed that the filing fee has yet to be reimbursed. (April 22,

2026 response in satisfaction to the April 17, 2026 order, Affidavit of Kristen DeVenny ¶

6 (“Requester has not been reimbursed as of April 22, 2026; however, the reimbursement

request is in action and will be made available to Requester as soon as the request has

been processed by the appropriate staff.”))

{¶23} The special master therefore recommends that the court find respondent

failed to satisfy the court’s December 18, 2025 decision and entry ordering respondent to

“reimburse [requester] for his filing fee.”

D. Requester’s February 2, 2026 Motion for Contempt

{¶24} “‘Contempt of court is defined as disobedience of an order of a court.’”

Highland Square Mgmt., Inc. v. Willis & Linnen Co., L.P.A., 2003-Ohio-2630, ¶ 10 (9th

Dist.), quoting Windham Bank v. Tomaszczyk, 27 Ohio St.2d 55 (1971), paragraph one

of the syllabus. “Contempt is classified as direct or indirect depending on where the

contempt occurs.” Tassone v. Tassone, 2020-Ohio-3151, ¶ 10 (10th Dist.). “Direct

contempt occurs in the presence of the court in its judicial function.” Id. “Indirect contempt

involves behavior outside the presence of the court that demonstrates lack of respect for

the court or for the court’s orders.” Id.

{¶25} Furthermore, “[c]ontempt may be classified as either civil or criminal,

depending on the character and purpose of the contempt sanctions.” State v. T.F., 2019-

Ohio-1039, ¶ 11 (9th Dist.). “Civil contempt sanctions are designed for remedial or

Case No. 2025-00781PQ -8- SUPPLEMENTAL REPORT AND RECOMM.

coercive purposes and are often employed to compel obedience to a court order.” State

ex. rel. Corn v. Russo, 90 Ohio St.3d 551, 555 (2001). “Criminal contempt sanctions,

however, are punitive in nature and are designed to vindicate the authority of the court.”

Id. “Thus, civil contempts are characterized as violations against the party for whose

benefit the order was made, whereas criminal contempts are most often described as

offenses against the dignity or process of the court.” Id.

{¶26} “To establish civil contempt, the moving party must ‘“establish a valid court

order, knowledge of the order by the defendant, and a violation of the order.”’” In re S.S.,

2023-Ohio-245, ¶ 12 (9th Dist.), quoting Henry v. Henry, 2015-Ohio-4350, ¶ 12 (9th Dist.),

quoting State v. Komadina, 2004-Ohio-4962, ¶ 11 (9th Dist.). “In civil contempt

proceedings, a finding of contempt must be premised on clear and convincing evidence.”

Zemla v. Zemla, 2012-Ohio-2829, ¶ 11 (9th Dist.). “The Supreme Court of Ohio has

defined clear and convincing evidence as ‘[t]he measure or degree of proof that will

produce in the mind of the trier of fact a firm belief or conviction as to the allegations

sought to be established. It is intermediate, being more than a mere preponderance, but

not to the extent of such certainty as required beyond a reasonable doubt in criminal

cases. It does not mean clear and unequivocal.’” Pflaum v. Summit Cty. Animal Control,

2017-Ohio-4166, ¶ 15 (9th Dist.), quoting In re Estate of Haynes, 25 Ohio St.3d 101, 104

(1986).

The purpose of sanctions in a case of civil contempt is to compel the

contemnor to comply with the lawful orders of a court, and the fact that the

contemnor acted innocently and not in intentional disregard of a court order

is not a defense to a charge of civil contempt. . . . The absences of

willfulness does not relieve from civil contempt. Civil as distinguished from

criminal contempt is a sanction to enforce compliance with an order of the

court or to compensate for losses or damages sustained by reason of

noncompliance. . . . The decree was not fashioned so as to grant or withhold

its benefits dependent on the state of mind of respondents. It laid on them

a duty to obey . . . . An act does not cease to be a violation of a law and of

a decree merely because it may have been done innocently. The force and

vitality of judicial decrees derive from more robust sanctions.

Case No. 2025-00781PQ -9- SUPPLEMENTAL REPORT AND RECOMM.

Badertscher v. Badertscher, 2015-Ohio-2189, ¶ 10 (9th Dist.), quoting Pugh v. Pugh, 15

Ohio St.3d 136, 140 (1984), quoting Windham Bank v. Tomaszczyk, 27 Ohio St.2d at

paragraph three of the syllabus, and McComb v. Jacksonville Paper Co., 336 U.S. 187,

191 (1949).

{¶27} “‘[B]ecause the purpose of a civil contempt motion is to compel compliance

with the court’s order rather than to punish disobedience, when compliance becomes

moot, the contempt proceeding is also moot.’” In re J.C., 2024-Ohio-343, ¶ 18 (8th Dist.),

quoting Robinette v. Bryant, 2015-Ohio-119, ¶ 47 (4th Dist.); see also Sullivan v. Sullivan,

2020-Ohio-5036, ¶ 17 (2d Dist.); Darr v. Livingston, 2017-Ohio-841, ¶ 15 (10th Dist.),

citing Williamson v. Cooke, 2007-Ohio-493, ¶ 12 (“once a party complies with the

underlying court order, civil contempt proceedings become moot”). “Therefore, civil

contempt is appropriately used only to accomplish obedience, not to punish

disobedience.” Tomasik v. Tomasik, 1997 Ohio App. LEXIS 253 (9th Dist. Jan. 29, 1997).

{¶28} Here, requester asserts a claim of indirect civil contempt against respondent,

since requester alleges that respondent engaged in contemptuous behavior that occurred

outside the presence of the court.

{¶29} Upon review of the records before the special master, respondent has

produced all public records responsive to requester’s public record requests, as lawfully

ordered in the December 18, 2025 decision and entry.

{¶30} The special master therefore recommends that the court conclude that

requester’s February 2, 2026 motion for contempt is moot as it relates to requester’s

public record requests, as lawfully ordered in the December 18, 2025 decision and entry

(requester’s February 2, 2026 motion for contempt is DENIED as moot).

{¶31} However, upon review, clear and convincing evidence establishes that

respondent has, to date, failed to reimburse requester his filing fee, as lawfully ordered in

the December 18, 2025 decision and entry. The court issued its decision and entry on

December 18, 2025 and, as such, it has been over four months and respondent has failed

to reimburse requester,2 who is in the custody and control of respondent, his filing fee.

2

The special master notes that it has also been over two months since respondent’s February 13, 2026

response in opposition to requester’s February 2, 2026 motion for contempt confirmed the reimbursement

process had been started and the special master provided a date for respondent to show satisfaction of court’s

Case No. 2025-00781PQ -10- SUPPLEMENTAL REPORT AND RECOMM.

See S.H.B. v. M.W.L., 2019-Ohio-3036, ¶ 22 (8th Dist.) (“Where a court’s order does not

include a deadline for compliance, a reasonable time for compliance may be inferred.).

But because respondent has started the reimbursement process, awaiting only

administrative processing, respondent could be provided a date certain to complete

reimbursement of requester’s filing fee to allow respondent to preemptively purge any

finding of contempt, which would then render requester’s entire February 2, 2026 motion

for contempt moot. (Internal citations omitted.) See State ex rel. Cincinnati Enquirer v.

Hunter, 2013-Ohio-5614, ¶ 25 (“If a contempt charge is premised on a party's failure to

obey an order of the court, then the order must be clear and definite, unambiguous, and

not subject to dual interpretations. An order that is indefinite or uncertain in its meaning

cannot be enforced in contempt.”).

{¶32} The special master therefore recommends that the court conclude by clear

and convincing evidence that respondent is in contempt as it relates to the reimbursement

of requester’s filing fee, as lawfully ordered in the December 18, 2025 decision and entry

(requester’s February 2, 2026 motion for contempt is GRANTED), or provide respondent

a date certain to preemptively purge any possible finding of contempt related to the

reimbursement of requester’s filing fee, which would then render the entire February 2,

2026 motion for contempt moot. See Flowers v. Flowers, 2011-Ohio-5972, ¶ 9 (10th

Dist.), citing Sansom v. Sansom, 2006-Ohio-3909, ¶ 24 (10th Dist.). (“A sanction for civil

contempt must provide the contemnor the opportunity to purge himself or herself of the

contempt.”).

III. Conclusion.

{¶33} In light of the foregoing, the special master recommends that the court:

A. Find respondent satisfied the court’s December 18, 2025 decision and entry

ordering respondent to “produce copies of the records responsive to the

portions of the July 7, 2025, described in the R&R and appendix thereof;”

B. Find respondent satisfied the court’s December 18, 2025 decision and entry

ordering respondent to “produce records responsive to the Security Level

December 18, 2025 decision and entry as it relates to the reimbursement of the filing fee in his April 17, 2026

order, to which respondent filed an affidavit instead confirming that the filing fee has still yet to be reimbursed.

Case No. 2025-00781PQ -11- SUPPLEMENTAL REPORT AND RECOMM.

Review Request subject to redactions supported by law including redactions

supported by exemptions found in R.C. 5120.21(A)-(D);”

C. Find respondent failed to satisfy the court’s December 18, 2025 decision and

entry ordering respondent to “reimburse [requester] for his filing fee[;]”

D. Conclude that requester’s February 2, 2026 motion for contempt is moot as it

relates to requester’s public record requests, as lawfully ordered in the

December 18, 2025 decision and entry (requester’s February 2, 2026 motion

for contempt is DENIED as moot); and

E. Conclude by clear and convincing evidence that respondent is in contempt as

it relates to the reimbursement of requester’s filing fee, as lawfully ordered in

the December 18, 2025 decision and entry (requester’s February 2, 2026

motion for contempt is GRANTED), or provide respondent a date certain to

preemptively purge any possible finding of contempt related to the

reimbursement of requester’s filing fee, which would then render requester’s

entire February 2, 2026 motion for contempt moot.

{¶34} Pursuant to R.C. 2743.75(F)(2), either party may file a written objection with

the clerk of the Court of Claims of Ohio within seven (7) business days after receiving this

report and recommendation. Any objection shall be specific and state with particularity

all grounds for the objection. A party shall not assign as error on appeal the court’s

adoption of any factual findings or legal conclusions in this report and recommendation

unless a timely objection was filed thereto. R.C. 2743.75(G)(1).

ADAM Z. MORRIS

Special Master

Filed April 28, 2026

Sent to S.C. Reporter 5/11/26

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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