Chasnoff v. Board of Police Commissioners
334 S.W.3d 147
Mo. Ct. App.2011Background
- Plaintiff Chasnoff sought Sunshine Law relief to compel disclosure of investigative records related to an MPD IAD inquiry.
- Trial court granted partial summary judgment in plaintiff's favor, ordering disclosure of the citizen's complaint as an incident report and later full investigative reports.
- Board opposed; later moved to amend the judgment to exclude the IAD administrative file, citing Garrity protections and internal discipline files.
- After evidentiary proceedings, the court issued an amended judgment in plaintiff's favor and awarded attorney's fees and a civil penalty, though not denominated as a final judgment.
- Intervenors, police officers, sought to intervene solely to appeal the judgment, asserting privacy and property interests in the records.
- Trial court granted intervention for the sole purpose of appealing, stayed disclosure of certain items, and then entered a second amended judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was intervention proper for appeal? | Chasnoff contends intervention was untimely and officers' interests were adequately represented by Board. | Board advised it lacked standing to raise privacy concerns for intervention and appeal, but intervention was granted. | Intervention for appeal reversed; intervention not justified. |
| Is the intervenors’ cross-appeal viable after reversal? | Intervenors’ cross-appeal should stand if properly framed. | Cross-appeal must be dismissed since intervention was reversed. | Cross-appeal dismissed. |
Key Cases Cited
- State ex rel. Nixon v. American Tobacco Co., 34 S.W.3d 122 (Mo. banc 2000) (intervention standards: three elements for right of intervention)
- State ex rel. Reed v. Reardon, 41 S.W.3d 470 (Mo. banc 2001) (judicial review requires justiciable issues)
- Armstrong v. Elmore, 990 S.W.2d 62 (Mo.App.1999) (justiciability; mootness in appellate jurisdiction)
- D.E. Properties v. Food for Less, 859 S.W.2d 197 (Mo.App.1993) (issues not raised below cannot be raised on appeal)
- Zundel v. Bommarito, 778 S.W.2d 954 (Mo.App.1989) (claims must be adjudicated below to be raised on appeal)
- Garrity v. New Jersey, 385 U.S. 493 (1967) (administrative records; Garrity protection considerations)