(12-24-20) The lawyers for Charles Summers has filed a petition with the Ohio Supreme Court for costs, statutory damages and attorney fees pertaining to the recent case heard on a Public Access request to Mercer County officials.

According to the petition Summers is asking for ‘maximum statutory damages of $1,000.00, as well as $100.00 in costs and $66,642.50 in attorney fees‘.

This past week Mercer County Prosecutor Matthew Fox, Mercer County Sheriff Jeff Grey, and the victim in the 2013 sexual battery case filed a motion asking the court to reconsider its recent decision to require the release of certain records to the father of Christopher Summers

From the Petition

Comes now Relater, Charles A. Summers (“Mr. Summers”), and respectfully submits this Petition for Costs, Statutory Damages and Attorney Fees, pursuant to R.C. § 149.43(C). In its December 10, 2020 Opinion, this Court found Respondents had failed to respond to Mr. Summers’ Public Records Act request, granted a writ of mandamus, and ordered Mr. Summers to submit a petition on costs, statutory damages, and attorney fees. State ex rel. Summers v. Fox, Pros. Atty., et al., Slip Opinion No. 2020-Ohio-5585, ,r 89. Mr. Summers applies for an award of the maximum statutory damages of $1,000.00, as well as $100.00 in costs and $66,642.50 in attorney fees for his counsel’s merits work as itemized in Exhibit A. Mr. Summers respectfully submits that he is entitled to recover his reasonable attorney fees incurred (less the voluntary reductions discussed below) and that there is no basis to reduce an award under the statutory guidelines. Mr. Summers also respectfully requests that he be permitted to supplement this Petition for Attorney Fees to include attorney fees incurred as a result of Respondents’ recent Motion for Reconsideration.

Complete Filing (62 pdf pages) RELATOR CHARLES A. SUMMERS’ PETITION FOR COSTS, STATUTORY DAMAGES AND ATTORNEY FEES

Slip Opinion