State ex rel. Westbrook v. Ohio Civil Rights Commission

The issue presented in this case is whether a writ of mandamus should be issued directing the commission to make a probable cause determination.

A writ of mandamus is defined as “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 specifically enjoins as a duty * * *.” R.C. 2731.01. In order for a writ of mandamus to issue, the relator must demonstrate the following: “(1) that he has a clear legal right to the relief prayed for, (2) that respondents are under a clear legal duty to perform the acts,…