IN THE SUPREME COURT OF OHIO

SHAN N. MOFFETT,

Relator,

VS:

SANDUSKY COUNTY SHERIFF

and

SHERIFF KYLE OVERMYER

and

SANDUSKY COUNTY COURT

and

DEPUTY or CAPTAIN JOHN DOE

Respondents

WRIT OF MANDAMUS

SHAN MOFFETT # 592-521Mansfield Correctional Camp1150 N. Main StreetP.O. Box 788Mansfield, Ohio 44901-0788

RELATOR, Pro se

SANDUSKY COUNTY SHERIFF'S DEPARTMENT2323 County Side Rd.Fremont, OH 43420

SHERIFF KYLE OVERMYER2323 County Side Rd.Fremont, OH 43420

DEPUTY or CAPTAIN JOHN DOE2323 County Side Rd.Fremont, OH 43420

ORIGINAL

12-04 03

FOLEDP1AR 0 7 2012

CLERK ®F COURTSUPREME COURT ®F OHIO

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CLERKOFCOURTSUPREMIE COURT OF OHIO

Case No.

SANDUSKY COUNTY COURT OF COMMON PLEAS100 N. Park Ave.,Fremont, OH 43420

Respondents

PETITION FOR A WRIT OF MANDAMUS

The complaint/ petition of the people of the State of Ohio on the relation of Shan N. Moffett,

("Relator"), for a Writ of Mandamus against the Respondents collectively and individually hereby

shows that.

JURISDICTION AND VENUE

1. The above captioned Court of the State of Ohio is constituted and empowered with

original jurisdiction over the subject matter, in the first instance, set forth in this original action in

mandamus, as well as jurisdiction of the persons of the relator and respondent's, pursuant to the

supreme authority of the Constitution of the State of Ohio, Article IV, Section 2, pursuant to which the

above captioned original action is brought.

2. Jurisdiction is conferred up on this Court pursuant to the Ohio Public Records Act R.C.

149.351.

3. Relator brings a writ of mandamus because the respondent's have failed to respond to

multiple public records requests to which involves the loss of relator's property.

PARTIES

4. Relator, Shan Moffett, at all times material herein was and is a citizen of the United

States and a resident in the State of Ohio.

5. Respondent, Sandusky County Sheriffs Department is, and at all times material herein

has been a law enforcement agency within the State of Ohio.

6. Respondent, Sandusky County Sheriffs Department is a public office responsible for

keeping records as described in R.C. 149.011 (G), R.C. 149.351 and R.C. 149.011.

7. Respondent Sheriff Kyle Overmyer, is and at all times material herein has been a

commissioned police officer employed by the County of Sandusky, a County organized and existing

pursuant to the laws of the State of Ohio.

8. Respondent Kyle Overmyer, was acting under the color of law, including the customs,

usages, policies and practices established by the County of Sandusky, and in his capacity pursuant to

his authority as a police officer of the State of Ohio and the Sandusky County Sheriffs Department.

9. Respondent Sheriff Overmyer and Deputy or Captain John Doe are also sued

individually.

FACTS

10. Relator was searched and arrested by the Sandusky County Sheriffs Department.

11. Relator was charged in the Sandusky County Court of Common Pleas, Case No. 09- CR-

530 for one count of possession of crack cocaine.

12. Relator had in his possession U.S. Currency in the amount of $1160.00 and the property

was seized by the respondent's.

13. Relator had the legal right, title and interest in the currency which was seized.

14. Criminal charges against the relator were dismissed and the currency seized was not

returned and no forfeiture hearing was held pursuant to R.C. 2981.04 (E)(3).

15. Relator was arrested on a separate instance and unrelated to the activity previously

alleged in paragraph 10 through 14.

16. Relator was arrested by the respondent's in Case No. 2010-CR-00751 and sentenced to

serve a four year prison term.

17. Respondent's transported the relator from the Sandusky County Jail to the Ohio

Department of Rehabilitation and Corrections reception center in Grafton, Ohio on October 7, 2010.

18. Respondent was almost in a traffic accident on the way to the Grafton reception center

while in custody of the respondent. Respondent Deputy or Captain John Doe initiated a traffic stop of

the alleged violator who almost strack the respondent's vehicle.

19. Respondent initiated a traffic stop of the alleged violator who almost struck the

respondent's vehicle.

20. Relator was subjected to personal injuries due to the reckless drivers.

21. Respondent Captain Overmyer was on duty and in uniform at the time the relator was

being transported to the prison reception center.

22. Relator sent a public records request to respondent Sandusky County Sheriffs

Department on November 28, 2011.

23. Public records request was mailed by certified U.S. Mail receipt number 7011 0110 0000

9425 1549.

24. Certified Mail was addressed to Sandusky County Sheriffs Department, Sheriff Kyle

Overmyer, 2323 Country Side, Fremont, Ohio 43420.

25. Certified Mail was accepted and delivered to respondent on December 12, 2011, by

Mark Fisher.

26. Relator claims that the public records request was sufficiently specific.

27. The public records request requested various documents including but not limited to; job

descriptions and nolicies on transporting inmates, incident reports and radio traffic logs, copy of the

traffic ticket issued by respondent Deputy or Captain John Doe on October 7, 2010 and policies on

traffic stops. (6 records total)

28. Relator claims the records were not confidential law enforcement investigatory records

and involves a great public interest.

29. Relator filed apro se Motion of Replevin on March 31, 2011, with the Sandusky County

Court of Common Pleas for the return of his seized currency.

30. Respondent Sandusky County Court of Common Pleas failed to answer or rule on said

motion.

31. On January 20, 2012, Relator filed apro se Motion For The Return Of Seized Funds

Forfeiture Hearing Request. Respondent, Sandusky County Court of Common Pleas failed to answer or

rule on said motion.

VIOLATION OF RELATOR'S CIVIL RIGHTS

32. Relator hereby restates and re-avers the allegations contained in paragraphs one through

thirty-one as if fully restated herein.

33. Respondent's Sandusky County Sheriffs Department failed to respond to relator's public

records request therefore denying the relator of due process of law.

34. Respondent's Sandusky County Court Of Common Pleas created an unreasonable,

unnecessary and prejudicial delay by not ruling on relator's motions therefore depriving the relator of a

fair and speedy judicial process. State v. Hunter (1982), 2 Ohio Misc. 2d8, 436 N.E. 2d 557.

35. Respondent's prevented the relator from accessing it's governments work.

LAW AND ARGUMENT

36. Relator made a public records request which requested the respondent's to make six (6)

records or documents available.

37. Respondent's denied relator access to the requested records pursuant to R.C. 149.351.

Relator is entitled to $1,000 for each record not received ($6,000 collectively).

38. R.C. 149.43(B) provides in relevant part; "[U]pon request, a person responsible for

public records shall make copies available at cost, within a reasonable period of time."

39. In State ex rel. Steckrnan uJackson (1994), 70 Ohio St.3d 420, 639 N.E. 2d 83, Supreme

Court determined; "R.C. 143.43 entitles a relator a writ of mandamus in order to seek and secure publie

records when access to the record has been denied."

40. Respondent Sandusky County Sheriffs Department did not promptly comply with

relator's request within a reasonable time. Repeatedly and habitually violating R.C. 149.43.

41. R.C. 149.43 is liberally construed in favor of broad access, with any doubt resolved in

favor of disclosure of public records. See Dann u Taft, 109 Ohio St.3d 364. 2006-Ohio-1825, 848 N.E.

2D 472.

42. "Public records are one portal through which the people observe their government,

ensuring it's accountability, integrity, and equity while minimizing sovereign mischief and

malfeasance," See, e.g., State ex rel. Gannett Satellite Information Network v. Wertheim ( 1997), 80

Ohio 3d 155, 157, 684 N.E. 2D 1239.

43. Respondent Sandusky County Common Pleas Court and Sandusky County Sheriff was

malicious and negligent by depriving the relator of his property. See Christy v. Randlett, 932 F2d 502,

504 (6'. Circuit 1991).

44. Respondent Sandusky County Common Pleas and Sandusky County Sheriff created

economic-harm in the amount of $1160.00 by their negligent acts omissions.

CONCLUSION

45. Relator prays for a mandamus judgment and Order granting him $6,000 for the six (6)

records that he was deprived of by the respondents.

46. Relator is an aggrieved party of the Ohio Public Records Act.

47. Relator prays for an Order for the Respondent, Sandusky County Court of Common

Pleas to return his currencv that was seized without a proper hearing, thus violating his due process

rights.

48. Relator prays for an Order for the Respondent, Sandusky County Sheriff to return his

currency that was seized without a proper hearing, thus violating his due process rights.

RESPECTFULLY SUBMITTED

Shan N. Moffett #r592-521 °Pro se7Mansfield Correctional CampP.O. Box 788Mansfield, OH 44901-0788

CERTIFICATE OF SERVICE

A copy of the foregoing was sent to the respondent's on the _L^day of March 2012, by regular

U.S. Mail.

SANDUSKY COUNTY SHERIFF'S DEPT.2323 County Side Rd.Fremont, OH 43420

SHERIFF KYLE OVERMYER2323 County Side Rd.Fremont, OH 43420

CAPTAIN JOHN DOE OVERMYER2323 County Side Rd.Fremont, OH 43420

SANDUSKY COUNTY COURT100 N. Park Ave.,Fremont, OH 43420

IN THE STATE OF OHIO )

)THE COUNTY OF RICHLAND )

SS: AFFIDAVIT OF VERITY

The relator having first been duly sworn, states and verifies that the facts, statements and allegations set

forth in the foregoing Writ of Mandamus, are made upon personal, firsthand knowledge. The

statements and facts are true and correct to the best of my knowledge, recollection, and belief The

matters are relevant and admissible in the above captioned action. The relator is a competent adult and

testifies under penalty of law that his signature is affixed below.

Sworn to or affirmed and subscribed in my presence this 29a' day of February, 2012.

YP ^. Cheryl S. F2`y NotaRY^CH

S NOTARY PUBLIC,FSTATE OF OHIO

' Arao ' = Mv CommissionExpires

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November 28, 2011

Sandusky County Sheriff2323 Country SideFreemont, OH 43420

Re: Public Records Request

Please supply me with copies of the following materials pursuant tothe Ohio Sunshine Laws and the guidelines within The Ohio Public Records Laws.Time is of the essence in this matter. If there is a charge for any and all copiesregarding this request, please attach an invoice and the undersigned willadvise the Ohio Department of Rehabilitation and Correction to convey payment.

1) The job description and policies regarding transporting prisonersto the reception facilities and or other jurisdictions,

2) The job description and training of Deputy 0vermeyer;,

3) Incident reports and radio traffic log concerning a traffic stopon October 7, 2010, while Shan Moffett was being transported tothe Lorain Correctional Reception facility in Grafton, Ohio,

4) Incident reports of injuries sustained in the County of Sandusky'sSheriff van while enroute to Grafton, Ohio with inmate Shan Moffett,

5) Copy of a traffic ticket, warning or notes from the deputyregarding the id0.tity of the traffic violator which DeputyOvermeyer initiated a traffic stop on,

6) Policies on making traffic stops.

RESPECTFULLY SUBMITTED,

Shan Moffett # 592-521MANCC 7A1P.O. Box 788Mansfield, OH 44901-0788

SENDER: COMPLETE THIS SECTION

n Complete items 1, 2, and 3. Also complete' dery is desitem 4 if Restdeted Delivire

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SANDUSKY COUNTY COURT OF COMMON PLEASSANDUSKY, OHIO

STATE OF OHIOPlaintiff,

-vS-

SHAN MOFFETTDefendant,

CASE NO: 09 CR 530

JUDGE JOHN P. DEWEY

MOTION FOR THE RETURN OF SEIZEDFUNDS FOREITURE

HEARING REQUESTED

NOW COMES, The Defendant Shan Moffett, Pro se, hereby moves this Honorable Court for an

order for the Sandusky County Sheriff to return the Defendants property whom is in the custody of the

Defendants currency.

The Defendant was charged in the above captioned case of one (1) count of possession of crack

cocaine This Court signed an order on September 30,

2010 disinissing the case.

Upon the Defendants arrest, he had in his possession, U.S: Currency in the amount of $1160.00

and it was taken into custody by the deputies of the Sandusky County Sheriff's Department during his

arrest. The Defendant at all times had the legal right, title and interest in the currency. An affidavit is

^`..1' .1t,. ^:•^:^^^^ ^^'^ _.^1:^^^_" ^^L^^ :^^^ 1_ '^&«acueu Lv "aujuuaca^c Luc vaiauaLy vi ui^ uttcrest iit ttte Sa1u property.

A forfeiture hearing is requested in this matter to collaborate the Defendants legal right, title and

interest and to prove the sheriff departments: custody, internal control and establish their neglect in

multiple attempts in returning the currency back to the defendant.

Pursuant to State vs. Golston (Cuyahoga 1990), 66 Ohio App.3d 423, 584 N.E.2d 1336, "The

state fails to prove by the preponderance of the evidence which if any of the items seized are products

of criminal drug activity and thus, contraband where the state makes no showing that any of the seized

goods were used as evidence to support the underlying unspecified convictions and none of the items

appears related to the only known underlying crime of drug possession." The evidence (currency) must

be returned.

GolsPon goes on to state, "A criminal defendants possession of an undisclosed sum of marked

currency does not taint his other currency and thereby cause forfeiture of all the cash he has on hand."

FURTHERMORE, The Defendant has made several attempts through; this Court, The Sandusky

Sheriffs and The Sandusky County Prosecutors Office for the return of the said property and all of the

parties have ignored and postured those attempts. This postaring is unreasonable, unnecessary, and

causes a judicial delay which deprives the Defendant of a fair and speedy judicial process.

The Defendant prays for an order of the return of the property and a forfeiture hearing to be held

within 30 days pursuant to R.C. 2981.04 (E)(3) where the Defendant will be be conveyedto attend.

RESPECTFULLY SUBMITTE

Shan Moffett #A59252YIP0 seMansfield CorrectionaiCamp 7AP.O. Box 788Mansfield, OH 44901-0788

CERTIFICATE OF SERVICE

A copy of the foregoing motion and affidavit was sent to the Sandusky County Prosecutors office byregular U.S. Mail on the 1,217,1, day of January 2012 at 100 N. Park Ave., Fremont, Oho 43420.

Shan Moffett #A592521 PMansfield Correctional Camp 7AP.O. Box 788Mansfield, OH 44901-0788

STATE OF OIIIO )) SS: AFFIDAVIT IN SUPPORT OF DEFENDANTS

COUNTY OF RICHLAND ) MOTION FOR RETURN OF SEIZED CURRENCY

Now comes the affiant Shan Moffett., being duly sworn, and says that the foregoing informationis true and correct to the best of his knowledge and belief:

1. I am the Defendant in the MOTION FOR THE RETURN OF SEIZED PROPERTY.

2. At several times I have made telephone attempts for the return of my money. I have alsowritten letters to the Sheriff of Sandusky County and filed motions with the Court.

3. I had the legal right, title and interest in the currency.

Further Affiant Sayeth Naught.

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^p^oupYupfuu^^^oqP,^•••.•Ug^fi CHERYL S.

FRYNOTARYPUBLIC.STATE OF OHIO

My CommissionE ues

Sworn to, and subscribed before me in my presence on this 11 day of January, 2012.

\//S^^^TFOF^" ^% I

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Cheryl S. F4^, Notary Public