Court Agrees that OLRS Lawsuit Should Go To Trial
A court refused to dismiss a case brought by the Ohio Legal Rights Service (OLRS) against the Franklin County Sheriff. OLRS brought the lawsuit after the Sheriff refused to give OLRS' Ombudsperson section its records concerning an individual with a disability who had died after being released from the Franklin County Jail. The OLRS Ombudsperson section requested the records as part of its investigation into whether the individual died because of deficiencies in his care while in jail. The individual had received mental health services while there.
The Defendant (Sheriff) filed a motion to dismiss the case, arguing that OLRS had not stated facts in its complaint that could be proven at trial. In particular, the Defendant argued that it was not a "provider of mental health services" and therefore, did not have a duty to provide its records to the Ombudsperson section. The Defendant also argued that the OLRS Ombudsperson section did not have authority to access its records. The court disagreed with the Defendant, ruling that OLRS had alleged facts in its complaint that could possibly be proved at trial. The case will go forward, allowing OLRS to present the facts in court.
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Article posted December 12, 2007
