202 So. 3d 1121
La. Ct. App.2016Background
- EBRPSB awarded a science-kit contract to Delta after CBS was an unsuccessful bidder; CBS requested related public records on September 1, 2009.
- EBRPSB produced most responsive documents on September 3 and September 10, 2009, but inadvertently omitted an expedited requisition dated August 31, 2009; that document was produced on October 1, 2009.
- CBS sued on September 25, 2009 challenging the contract, and filed an amended petition on October 28, 2009 adding a claim under the Louisiana Public Records Law (La. R.S. 44:1 et seq.) seeking damages, penalties, fees, and costs for the alleged untimely production.
- The district court previously granted partial summary judgment in favor of CBS, finding a violation of the Public Records Law, and later (October 14, 2014) granted EBRPSB summary judgment dismissing CBS’s claims but awarded CBS civil penalties, attorney fees, and costs totaling $12,699.80.
- On appeal the court examined whether the Public Records Law authorizes damages/fees where the custodian fully produced records before the requester sought judicial relief.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether CBS stated a cause of action under La. R.S. 44:35 for damages, penalties, attorney fees, and costs | CBS: EBRPSB’s untimely production deprived CBS of remedies (e.g., injunctive relief to enjoin the contract) and caused competitive and other damages | EBRPSB: It fully complied before CBS filed its Public Records Law claim; statute awards relief only in suits seeking mandamus/injunctive/declaratory relief | Held: CBS failed to state a cause of action under La. R.S. 44:35 because the statute’s damages/fees are tied to suits seeking mandamus/injunctive/declaratory relief; dismissal affirmed on that basis |
| Whether penalties/fees can be awarded when records were produced before suit was filed | CBS: Untimely production still permits statutory penalties/fees because of resulting harm | EBRPSB: No, the statute requires the requester to pursue judicial relief; if custodian produced records before such relief was sought, statutory remedies are unavailable | Held: Remedies (penalties/fees/damages) are not available where the requester had all records before filing for mandamus/injunctive/declaratory relief; award reversed |
| Whether appellate court should review interlocutory rulings (no right of action / violation finding) | CBS: Interlocutory rulings supporting its position should stand | EBRPSB: Challenges those interlocutory rulings as part of appeal | Held: Appellate court may review interlocutory judgments attached to final judgment; court reversed the trial court’s finding of a Public Records Law violation and sustained no-cause-of-action exception on its own motion |
| Whether CBS could amend to cure the pleading defect | CBS: (implicitly) could pursue damages via amendment | EBRPSB: The statute provides no remedy in these facts; amendment cannot cure lack of statutory remedy | Held: Dismissal was with prejudice as amendment would not provide a remedy under La. R.S. 44:35 |
Key Cases Cited
- Badeaux v. Southwest Computer Bureau, Inc., 929 So.2d 1211 (La. 2006) (standard and review for peremptory exception of no cause of action)
- City of Baton Rouge v. Capital City Press, L.L.C., 4 So.3d 807 (La. App. 1st Cir. 2008) (confirming public’s constitutional right to examine public documents)
- People of Living God v. Chantilly Corp., 207 So.2d 752 (La. 1968) (interlocutory judgments may be reviewed on appeal from final judgment)
- Heath v. City of Alexandria, 11 So.3d 569 (La. App. 3d Cir. 2009) (distinguishing cases where records were produced after suit was filed but before a hearing)
- Johnson v. City of Pineville, 9 So.3d 313 (La. App. 3d Cir. 2009) (same line of authority regarding post-filing production of records)