IN THE SUPREME COURT OF OHIO RICARDO RODRIGUEZ, Relator, Case No. 2013-0814 V. CITY OF COLUMBUS, OHIO, Respondent. MOTION TO DISMISS OF RESPONDENT COLUMBUS CITY DIVISION OF POLICE Respondent Columbus City Division of Police moves the Court for an order dismissing Relator's Motion For A Writ of Mandamus. Respectfully submitted, CITY OF COLUMBUS, DEPARTMENT OF LAW RICHARD C. PFEIFFER, JR., CITY ATTORNEY
Glenn B. Redick (0002513) Chief Litigation Attorney 90 West Broad Street, Room 200 Columbus, OH 43215-9013 (614) 645-6929 FAX; (614) 645-6949 gbredickacolumbus.gov Attorney for City of Columbus
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MEMORANDUM IN SUPPORT OF MOTION Relator, Ricardo Rodriguez, has sued the "Columbus City Police Department (Evidence Vault)" for a Writ of Mandamus in which he requests the Court to direct the Respondent "to produce a copy of Mr. Rodriguez's Mexican passport." O.R.C. 2731.01 defines mandamus and states: "Mandamus is a writ, issued in the name of the state to an inferior tribunal, a corporation, board, or person, commanding the performance of an act which the law especially enjoins as a duty resulting from an office, trust, or station." To be entitled to the requested writ of mandamus, relators must establish a clear legal right to the requested relief, a clear legal duty on the part of the board of elections to provide it, and the lack of an adequate remedy in the ordinary course of law. State ex reL Taxpayers for Westerville Schs. v. Franklin County 133 Ohio St.3d 153, 2012 Ohio 4267 at P 12. It is obvious that the "Columbus City Police Department" is not a tribunal, a corporation, board or a person and, therefore, this matter must be dismissed if for no other reason; however, in an effort to bring this matter to a conclusion on its merits, the attached affidavit reflects that it is impossible for Respondent to comply with Relator's request. Although Relator gave no identifying information, other than his name, counsel for the City of Columbus made a good faith effort to discover if, in fact, the document Relator is seeking is available. Counsel contacted by email the legal advisor to the Columbus Division of Police. He, in turn, contacted the property room and, after a search of their records, it was determined that the property room did not have a
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passport belonging to Relator. A true and accurate copy of the emails referred to is marked as Exhibit A and attached hereto. The only evidence that the Columbus Police received at the time of the arrest of Relator was one Macy's bag containing plant material, which has since been destroyed. In summary, the Columbus Division of Police is not an entity to which a Writ of Mandamus would be proper; however, even if it were, the Police Division does not have any property belonging to Relator at this time. It is respectfully requested that the Court sustain this motion and dismiss Relator's request for a Writ of Mandamus. CITY OF COLUMBUS, DEPARTMENT OF LAW RIPJ,IARD C. PFEIFFER, JR., CITY ATTORNEY Glenn B. Redick (0002513) Chief Litigation Attorney 901JVest Broad Street, Room 200 Columbus, OH 43215-9013 (614) 645-6929 FAX: (614) 645-6949 ,
[email protected] Attorney for City of Columbus
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CERTIFICATE OF SERVICE This is to certify that a copy of the foregoing Motion To Dismiss Of Respondent Columbus City Division Of Police was mailed by First Class U.S. Mail, postage prepaid, to Ricardo Rodriguez, # 648342, Belmont Correctional Institution, P.O. Box 540, St. Clairsville, Ohio 43950, this 10th day of June 2013.
Glenn B. Redick Chief Litigation Attorney GBR/ka
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IN THE SUPREME COURT OF OHIO RICARDO RODRIGUEZ, I Relator, : Case No. 2013-0814 V. CITY OF COLUMBUS, OHIO, Respondent. AFFIDAVIT OF GLENN B. REDICK STATE OF OHIO ) :SS COUNTY OF FRANKLIN ) I, Glenn B. Redick, being first duly cautioned and sworn, state that I have personal knowledge of the facts stated herein, that I am competent to testify to the matters stated herein, and that the following matters are true: 1. I am employed by the City of Columbus as an Assistant City Attorney. 2. When the lawsuit filed by Relator, Ricardo Rodriguez, reached my desk, I contacted Mr. Jeffrey S. Furbee, an Assistant City Attorney who is the legal advisor to the Columbus Police Division, asking Mr. Furbee to determine if the Police Property Room had any material belonging to Relator. 3. Mr. Furbee contacted the Police Property Room, which conducted a review of their records and determined that the Police Property Room does not have any material belonging to Relator. 4. A true and accurate copy of the emails regarding this matter is attached to the Motion to Dismiss and marked as Exhibit A.
Glenn B. Redick
SWORN TO BEFORE ME and subscribed in my presence this 10t" day of June 2013.
4L A^P^IA . Notary Public, State of Ohio ^RADLE'^ ^^^^^L NoiARl` PU3LEC - STATE OF OHIO LbFETfME COPAMdS$4ON
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Redick, Glenn From: Sent: To: Redick, Subject: Attachments:
Furbee, Jeffrey (Police) Wednesday, May 29, 2013 1:48 PM Glenn FW: mandumus Ricardo Rodriguez - Property Number 10013777.pdf; Property Number 10013508.pdf
JE'.fi1"t'.y S. FilI'be()
C;hicf Police Le^:t^l ^^tl`^isor
Richard C. Pfeiffer, Jr. Coluna bus C€t✓•. Attorney (614) 6=6^ -4*2:3 (614) 645-45^5 1 ffaxj l 20 Nlarconi Blvd. Columbus, Oltio 43215 jfurbee>colunzbusPolice.org dvww.colL^rnbusciiyattorneY,M
From: Coblentz, Kim Sent: Wednesday, May 29, 2013 1:14 PM To: Furbee, Jeffrey Cc: Harrington, Patrick; Grunkemeyer, Jason; Fritchle, Kathryn Subject: RE: mandumus Mr. FurbeeAn extensive search by Property Clerk Kathy Fritchle and myself has came up blank. Ms. Fritchle contacted Det, Jerry Peters with the HIDTA Task Force and he was able to supply some possible leads that were pursued. I contacted Pickerington PD and spoke with Det. Bontrager (responsible for their Property Room) and he was not able to run down the passport frorri his end. I've checked all of the names of the co-defendants'(Garcia, Jimenez, M. Rodriguez, Razo) in our database and no passports are listed in any remaining property; there are a few items listed as `misc, papers''that had been previously shipped to the County for court presentation. The listed prosecutors for this case are Joseph Gibson, Jr. and Dan Stanley; I have not contacted thern to date. The only mention of a passport was found by Ms. Fritchle under Property Number 1:0013503 out of a search warrant frern 1429 Refugee Rd under the name of "Dionicio LhiLs was destrigy(^d back in 20J.1.. According to C3et. Peters, supposedly this raid was related to this investigation. We do not know who the actual owner of the "Mexican passport" was; although Mr. Perez was the lis.ted owner for the entire body of evidence that was tilirned in under ti-iat number. Please see attached docs. Thanks, Kir-n E. Colslentz - CPD Inventory Clerk Kathy Fritchle -- CPD Property Clerk
From: Furbee, Jeffrey Sent: Thursday, May 23, 2013 3:37 PM To: Coblentz, Kim Subject: FW: mandumus Do we have any property from Ricardo Rodriguez in the property room? He claims we took his passport and didn't return it and has filed a court action for return. I do not have any more inforrnation at this time. Jeffrey- S. Furbee C'Ii ief' 1'ol ice 1.,egal Advi.:or R1cl1a1rd C. Pfwiffer, Jr. Coltimbus C"ity Ai:tomey> (614) 644^, -4523 (614) 645-4551 (fax) 120'V1arc,oni Blvd. 0-fl:tinbi.rs, O(iio 43215 ifurbee,a?co]umbusPolice.org www.columbuscityattorney.org
From: Redick, Glenn [mailto:CBRedick@Columbus,ciov] Sent: Thursday, May 23, 2013 3:08 PM To: Furbee, Jeffrey Subject: RE: mandumus Ricardo Rodriguez is all I have. He lives at the Belmont Corr. Insfi. I will check the clerk `s web cite and let you know if I find more info.
From: Furbee, Jeffrey (Police) Sent: Thursday, May 23, 2013 3:03 PM To: Redick, Glenn
Subject: RE: mandumus What is his entire name and does he give a property andjar case number for the passport in his filing? Tt.ffrev S. Furbce CfiicfyPo l ice; I.,i;p-al Advisor
Richard C. Pfi✓ifler, Jr. C;oltix^b-Lis City A_ttorncy, (61=1) 645 --i 533 (614) 645-4551 (fax) 120 Marcf)n i I`3lt'cl. C041inhus, Ohio 431-15 ^'furbee;columbuspolice;"r), www:col u mbuscit,yattorne^otig
From: Redick, Glenn [mailto:GBRedick a.Columbus.aov] Sent: Thursday, May 23, 2013 2:09 PM 2
To: Furbee, Jeffrey Subject: mandumus Jeff do you know if we have Mr. Rodriguez's passport and if not could it be in Obrien's property room? Glenn B. Redick Chief, Litigation Section Columbus City Attorney Richard C. Pfeiffer, Jr. 90 West Broad Street, Room 200 Columbus, OH 43215 Phone: 614-645-6929 Fax: 614-645-6949 gbredick[a-)columbus.qov www.columbuscity_.. att arnev.or
[ / i.'L•-PR.--QDSP ] ^ * } PROPERTY ROOM ** ^ k'OR.M 2254 Ji::PL?AY EiTSPOSITTONS FOR PROPERTY NUMBER [10013777; START WITH SEQ ^ J ---------- ------------------------------------------------------------------------:tECEIVED: U`i/21/2010 11:40 lM, CLB'RK: B?oI TNC IJ:w'DJ`:i' NBR : CASE'/E'ILE. NUMBE,R: TNA-;_a-1:55 NPz M: RO.r.RLGJP, Z, tUCAE2DO TUSSING RD COLUMBUS OH RA COtTERED AT :^'tJJS1.VG 1RD tN/C R.a 256 OE'E' DESC: DRv 1 SEIZURE - ARREST TURNED IN B^Y : 88 BLACK NARCOTICS -.TNVnS`.CyCA.TTVE CR[7/CALL: 1365 ;E1'Ei,TT^FL^ BADGE: 5' 72 OVERHOLSER NARCOTICS -_T^I^;VE^Sa'^GATIVE CRLI/CALL: 1306 ---------------------------------------------------------------------------------SEQ D^,SCRL:.'TION STATUS E3T?`d 001 MACY BRG ^i^'% PLAlvT ^:ATERIAT, 15.50LBS DESTROYrD E-"9
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, I *" PROPERTY ROOM ^*x FORM 2254 C1SriLAY DISPOSIT"iONS FOR PROPERTY NUMBER i100i3 08] START WITH SEQ
[ ----------- ---------------------------REvEIVEC): 07/17/2010 J' :2.3 AM CLERK: E;A INCIDENT riRR : CASE/F1LE NUIIBER;
NAN: PEREZ, D-10NTC10 1429 REFJGEL, RD P:CCKER?NGTON OH RECOVERED AT: OFF DESC; ; UKN^;;', ^N L3'^ . 1311 ^'r `^ERS NARCy'0`'ICS - ] NV Sl'IGA`'1VE CRO/t;^ LL: i367. DETECTtVE BADGE: 88 BLACK NARCOTICS - SNVEST-TGATIVE CRU/CAL'w•: ------------ --------------SEQ f1ESCRrP`i''TOIv STATUS BIN 001 4 l SC PF,PE,RS QESTROYED vt7--F 0UR 002 #2- NiE,X?C,AN PASSPORl' / I1(^OivI.:Y RECEIPTS DESTROYED [n.T-FLOOR 003 #3-- N'TSC. PAPERS DESTROYELi tn]-Fi_OOR 004 49- CELL PHONE DESTROYED W-FLOOR 005 #5-- AUTO INSJR.A:IvCr PAPERS TESTT2.OYEi? 6^,T-FLOOEi 006 #6- PRb:SC; TON SCALE DE53'.iOYE;: W-FLOOR 007 #7- BOX OF 9M.Nl SHELLS DESTROYED W-•E'LOOR 008 #;$- CELL PHONE DESTROYED W-FLOOR 049 #a- :yJNEY COUNTER DESTROYED W--k' 00R 010 #1'0- MODT?'Y COUN^'ER DESTROYED W-FLOOR 011 #11- FOOD SE;?ILER AUCTION ^.^-,L LOaR 012 AMT : $320 , 00 ^-12- CASH RELEASED TREASURY 0 13 #13- DIGITAL SCALE DESTROYED W-FLOOR 01 4#14- C LOCK 40CAL SEMI AvT(7 W; MAG & 5 RD JE'SI`ROXED W-FLE)OR 01.5 #15- MISC WRAPPERS DESTROYED W-FLOOR 01.E #^.6- SP.MS(.TNG COMP & CHA::.^?GF:R FOR POLZCE USE W-FLOOR 017 417-- MONEY TRANSFER & AIRLINE T:;'kC DESTROYED Tvq -FL07i? 018 # 1 8- MISC PAPERWORK / LICENSE PLATE DESTROYED W-FLOOR 019 #19- ;204'^ ISt?TC.CS OF PT:ANT MATEitTAL 1-1 DESTROYED W-FLOOR PFiO:fE,...:_.... DE`S.PRUYED...- *r7-FLOOR.._.._,._ _020 #2 C- CZ^LS,
W:s..idcw POLTCE/1 at COCSYSPR :RC,% i ^ E'OEtN ; j LTAI ! l Co1. 95 ; Row ?( F-ags 11S`i'N003 ?
