Ohio Supreme Court forbids damage col...

Ohio Supreme Court forbids damage collection when money motivates records-destruction lawsuits | ...

There are 38 comments on the Columbus Dispatch story from Jul 7, 2011, titled Ohio Supreme Court forbids damage collection when money motivates records-destruction lawsuits | .... In it, Columbus Dispatch reports that:

Following the lead of state lawmakers, the Ohio Supreme Court has forbidden the collection of damages for illegal destruction of public records when money, rather than access to records, is the main motivation in filing lawsuits.

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Bob

Buford, GA

#1 Jul 7, 2011
Another scammer denied.
Gort

United States

#2 Jul 7, 2011
Bob wrote:
Another scammer denied.
Another lawyer denied.
Irrelevant

Grove City, OH

#3 Jul 7, 2011
Whatever the motivation, it's irrelevant. The Court has given governmental entities free reign to destroy public records by removing financial penalities for illegal destruction in violation of record retention schedules. Guess it's up to the media to fight for the public's right to know.
one

Harrison, AR

#4 Jul 7, 2011
Bob wrote:
Another scammer denied.
Or more cover up for a corrupt system.
Government Employee

Point Pleasant, WV

#5 Jul 7, 2011
Despite doing away with the civil sanctions that might occur, I am not going to open myself up to the criminal sanctions by destroying records for any reason. Prison does not seem very appealing to me.
Pragmatic realist

Columbus, OH

#6 Jul 7, 2011
Or, its just outlawing "go away money" specialists their financial incentives, absent a genuine issue of need for records. If personal gain were outlawed in medical malpractice and automotive suits, we would pay much less for health insurance, because doctors malpractice insurance would plummet, as would car insurance rates.

Keep in mind that the money these scam artist litigators are fishing for is tax money, your money. People with legitimate, demonstratable need can still collect damages from public entities.

Who really cares if some money hungry lawyers with no needle in their moral compass starve? I don't. Its the proper fate for any parasite.
Moon-er

Powell, OH

#7 Jul 7, 2011
The Judicial System is just like the Executive, and Legislative Branches. They protect their interests not those of the people. If public records are destroyed by a public agency, then the public suffers and the agency assigned that trust should be liable to the people. Hence, anyone should be able to sue the angency for destruction of public records even if it is for gain. Knowing this, the goverment would be fearful of th e people, and abide by the very laws THEY have provided for us to uphold. Looks like King John has again been forgotten.
Bevo

Columbus, OH

#8 Jul 7, 2011
one wrote:
<quoted text>
Or more cover up for a corrupt system.
God, am I thankful I don't know you as you are SO NEGATIVE. It must be depressing for your spouse if you are married.
TBone

Columbus, OH

#9 Jul 7, 2011
I am sick of the hidden pop up ads for Quibids and the huge Chevy ad that covers half the story when the page opens. Good going Dispatch for ruining your website.
the hilt

Nashport, OH

#10 Jul 7, 2011
well ohio took a big hit
JoeBlow

Grove City, OH

#11 Jul 7, 2011
And who decides the intentions of someone seeking records that were destroyed?
I like doughnuts

Columbus, OH

#13 Jul 7, 2011
Tape recordings, such as those the guy in the article requested, were probably very damaged by now anyway, if they came from 1975. There are plenty of good reasons to destroy old records. Things like sound recordings and magnetic tape video require particular and expensive storage to preserve them, and after a couple of decades they need to be migrated to a new medium. Migration can be extremely expensive--whether you hire someone to do it off site or invest in the equipment to do it in-house, you're looking at thousands of dollars minimum for any collection larger than your home videos. Paper records decay. Space is finite.

All I'm trying to say is that there are many fiscally responsible and necessary reasons why public records are often destroyed, especially ones made on obsolete media (whose owning agency may or may not even still have functional technology to read those media). It shocks me a bit that we have to make a new law to prevent people from stealing from public funds when their intentions are clearly just to scam.

My hope is that to go along with this, they'll redefine the deaccessioning rules for public documents to ensure that only those records that are useless and burdensome are destroyed, as opposed to those that might be deliberately destroyed for political purposes. It's a fine line to walk.
buckeyefitz

West Chester, OH

#14 Jul 7, 2011
Another nail in the coffin containing the civil rights of Ohio citizens. God knows what surprises Kasuck and his bunch of "brownshirts" have in store for us in the near future. He is the biggest lobbiest for the rich I have ever seen!
AnAngryAmerican

Columbus, OH

#15 Jul 7, 2011
Government Employee wrote:
Despite doing away with the civil sanctions that might occur, I am not going to open myself up to the criminal sanctions by destroying records for any reason. Prison does not seem very appealing to me.
You do understand that other public employees WILL destroy records, especially if they show a crime that has a more severe penalty than the slap on the wrist for destroying the incriminating records.
AnAngryAmerican

Columbus, OH

#16 Jul 7, 2011
Pragmatic realist wrote:
Or, its just outlawing "go away money" specialists their financial incentives, absent a genuine issue of need for records. If personal gain were outlawed in medical malpractice and automotive suits, we would pay much less for health insurance, because doctors malpractice insurance would plummet, as would car insurance rates.
Keep in mind that the money these scam artist litigators are fishing for is tax money, your money. People with legitimate, demonstratable need can still collect damages from public entities.
Who really cares if some money hungry lawyers with no needle in their moral compass starve? I don't. Its the proper fate for any parasite.
Can't wait for you (or one of your loved ones) to be injured/killed by the negligence of a doctor or car driver--you will (and should be) be the first in line insisting on compensation for your injuries.
Brandon

Washington Court House, OH

#17 Jul 7, 2011
Once again, no checks on the government. King John wins again. When we lose the print media, lord help us all. Big money is running the state now - certainly not the people.
Mustang Sally

Columbus, OH

#18 Jul 7, 2011
Just one more step toward the One World Order we're moving toward. Our kids have nothig but socialism to look forward to.

Taking the accountability out of gov is a big step.

Why MUST records be destroyed especially when they can be all digital now? Not like they take up storage space.

And since when are they required to hear 'frivolous' lawsuits?
geubux

Dayton, OH

#19 Jul 7, 2011
AWWWWWW! How's a poor, blood sucking lawyer or legal-wanna be supposed to collect some mulah?
Hayduke

Columbus, OH

#20 Jul 7, 2011
Irrelevant wrote:
Whatever the motivation, it's irrelevant. The Court has given governmental entities free reign to destroy public records by removing financial penalities for illegal destruction in violation of record retention schedules. Guess it's up to the media to fight for the public's right to know.
Anyone should be able to access Public Records....No reason should be needed....
Two most patriotic acts of every citizen...
....Vote...
....Question the government....
hey

Columbus, OH

#21 Jul 7, 2011
Mustang Sally wrote:
Just one more step toward the One World Order we're moving toward. Our kids have nothig but socialism to look forward to.
Taking the accountability out of gov is a big step.
Why MUST records be destroyed especially when they can be all digital now? Not like they take up storage space.
And since when are they required to hear 'frivolous' lawsuits?
Actually digitized records take up a hugh amount of memory space on a data system. and that space costs quite a bit of money.

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