Smith v. Warden of Toledo Correctional Institution

Filing 146

ORDER FOR RESPONSE AND PRESERVATION OF ITEMS. Signed by Judge Timothy S. Black on 4/15/2020. (rrs)

UNITED STATES DISTRICT COURT
SOUTHERN DISTRICT OF OHIO
WESTERN DIVISION
CHRISTOPHER SMITH,
Petitioner,
vs.
WARDEN, Toledo Correctional
Institution,
Respondent.

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Case No. 1:12-cv-425
Judge Timothy S. Black
Magistrate Judge Michael R. Merz

ORDER FOR RESPONSE AND PRESERVATION OF ITEMS
On April 9, 2020, this Court issued an unconditional writ of habeas corpus,
requiring Petitioner Christopher Smith’s immediate release from State custody (the
“Unconditional Writ”). (Doc. 125). Respondent failed to comply with the Court’s
Unconditional Writ, resulting in Petitioner being transported to and detained in the
Hamilton County Justice Center (“HCJC”). (Doc. 134-1 at ¶ 15).
On April 14, 2020, Hamilton County Common Pleas Judge Robert Ruehlman also
ordered Petitioner’s immediate release, pursuant to the Unconditional Writ. (Docs. 140,
143). Later that evening, however, the Court learned that Petitioner was still in custody
at HCJC and, in fact, was scheduled for transport back to the Toledo Correctional
Institution (“TCI”). (Doc. 140).
Specifically, officials at HCJC advised Petitioner’s counsel that “the Warden [of
TCI, i.e., Respondent] had placed a ‘holder’ on Smith yesterday (April 13) for Smith to
be brought back to the custody of TCI, and that Hamilton County was now holding Smith

on behalf of the Warden ….” (Id. at 1). Officials at HCJC permitted Petitioner’s counsel
to view the holder on HCJC’s computer. (Id. at 1-2). Counsel advised the Court that, to
the best of her recollection, the holder reflected as follows: “Type: Holder; Status:
Active; Agency: special circumstances; Applied: April 13, 2020; Must return to Toledo
Correctional Institution.” (Id. at 2).
Upon learning of the alleged TCI holder, this Court issued a third Order to cease
the scheduled transport and ordered Petitioner’s immediate release within the next hour,
i.e., by 9:00 p.m. (Doc. 141). The Court also called the Hamilton County Sheriff’s
Office (“HCSO”) to ensure their receipt of the Order, as well as the Unconditional Writ
and related Orders. Pursuant to the Order, Petitioner was released at 9:00 p.m.
Shortly thereafter, at 9:03 p.m., the Court received an email from an attorney with
the Office of the Ohio Attorney General’s Office (the “AG’s Office”), advising the Court
that the Ohio Department of Rehabilitations and Corrections (“Ohio DRC”) does not
issue holders and that the AG’s Office had “cleared up the confusion with the Hamilton
County Justice Center.”
As this Court continues to assess the nature and extent of Respondent’s
noncompliance with the Unconditional Writ and the related Order for release, as well as
the potential interference with compliance caused by any and all other individuals
involved in these proceedings, the Court hereby ORDERS as follows:
1. Respondent and Respondent’s counsel SHALL preserve, and take all necessary
steps to ensure the continued preservation of, the official case file, and any and
all other files, folders, documents, notes, records, and communications, which
are dated beginning March 20, 2020, and are in the actual or constructive
possession of TCI and/or any employees or personnel of TCI, and which
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pertain to: Petitioner’s detention in TCI; Petitioner’s release from TCI;
Petitioner’s transport/transfer from TCI; Petitioner’s detention in Hamilton
County; the circumstances that led to the alleged “holder” placed on or about
April 13, 2020; and the Unconditional Writ and any other Orders issued by this
Court in the course of these habeas proceedings;
2. The HCSO and the HCJC SHALL preserve, and take all necessary steps to
ensure the continued preservation of, the official case file, and any and all
other files, folders, documents, notes, records, and communications, dated
beginning April 6, 2020, which are in the actual or constructive possession of
HCSO, HCJC, and/or any employees or personnel of HCSO and/or HCJC, and
which pertain to: Petitioner’s detention in TCI; Petitioner’s release from TCI;
Petitioner’s transport/transfer from TCI; Petitioner’s detention in Hamilton
County; the circumstances that led to the alleged “holder” placed on or about
April 13, 2020; and the Unconditional Writ and any other Orders issued by this
Court in the course of these habeas proceedings;
3. By no later than 4:00 p.m. on April 16, 2020, Respondent SHALL file with this
Court a sworn affidavit, explaining, in detail, the circumstances that caused the
alleged TCI “holder” to be lodged against Petitioner. Respondent SHALL
specifically address and identify, inter alia, the “special circumstances”
referenced in the holder; and
4. Respondent’s counsel SHALL serve a copy of this Order upon the appropriate
individual(s) at the HCSO and HCJC. Counsel shall file a verified statement
no later than 12:00 p.m. tomorrow, confirming service.
IT IS SO ORDERED.
Date: April 15, 2020
Timothy S. Black
United States District Judge

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