387 So.3d 921
La. Ct. App.2024Background
- Plaintiff Coy Fortenberry submitted a public records request to Jeremy Evans, Clerk of Court for DeSoto Parish, seeking various office records from 2016-2022.
- The Clerk's Office, through Deputy Clerk Susan Hunt, acknowledged receipt of the request and initially promised records would be available for inspection by April 6, 2023, but repeatedly delayed and failed to produce the records or cost estimates as required.
- Fortenberry filed a petition for writ of mandamus and sought damages, attorney fees, and penalties, asserting the records were unreasonably withheld.
- After suit was filed, the records were produced, but some information was missing, and the Clerk's Office had issued harassing subpoenas to Fortenberry and individuals affiliated with a political opponent.
- The trial court granted the writ, assessed civil penalties against Evans personally, imposed attorney fees and costs in solido against Evans and the Clerk’s Office, and rejected arguments that the delay was justified.
- Evans appealed, challenging the penalty, fees, and finding of arbitrary denial of public records.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| 1. Denial of Access to Public Records | Clerk failed to timely produce or notify about requested records, forcing Fortenberry to file suit to enforce rights | Fortenberry never appeared for inspection; records withheld pending payment; compliance occurred promptly upon payment | Clerk's Office failed to timely notify or produce records; production only occurred after suit filed; denial occurred in violation of law |
| 2. Entitlement to Civil Penalties, Attorney Fees, and Costs | Delay and harassing subpoenas were unreasonable, arbitrary, and for political reasons; law mandates penalties | Timely initial notice given; any delay not arbitrary; subpoenas proper; penalties unwarranted | Delay after records were ready was arbitrary and capricious; penalties, fees, and costs justified |
| 3. Personal Liability of Clerk | Statute makes custodian personally liable for penalties and jointly liable for fees/costs | Suit only against Evans in official capacity; court lacks authority for personal penalty | Statute clearly imposes personal and solidary liability on custodian; penalty was proper |
| 4. Mootness of Mandamus after Records Produced | Suit was necessary to trigger compliance; withholding until suit undermines statute | Mandamus is moot because records produced after payment and before hearing | Mootness rejected; production only in response to suit undercuts statutory remedy |
Key Cases Cited
- Shane v. Parish of Jefferson, 209 So. 3d 726 (La. 2015) (Public Records Act is to be interpreted expansively in favor of access)
- Hoag v. State, 889 So. 2d 1019 (La. 2004) (Mandamus appropriate for ministerial duties; standard for reviewing mandamus proceedings)
- Carolina Biological Supply Co. v. E. Baton Rouge Parish Sch. Bd., 202 So. 3d 1121 (La. App. 1 Cir. 2016) (Public’s right to access public records is fundamental)
- Carter v. City of Shreveport, 244 So. 3d 659 (La. App. 2 Cir. 2017) (Distinguishes between reasonable and arbitrary delays in public records context)