Perry v. Bullock
761 S.E.2d 251
S.C.2014Background
- Perry FOIA request to Sumter County Coroner for autopsy report on Aaron Jacobs; coroner denied, citing FOIA exemption for medical records.
- Perry and Osteen Publishing filed a declaratory judgment action seeking production and fees.
- Bullock submitted Dr. Ross’s affidavit stating the autopsy report is a medical record; circuit court granted summary judgment for Bullock.
- Court conducted in camera review and held autopsy reports fit the ordinary meaning of medical records under the FOIA.
- Statutory definitions and prior AG opinions were relied upon to interpret ‘medical records’ and the scope of FOIA exemptions.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are autopsy reports medical records under FOIA 30-4-20(c)? | Jacobs’ autopsy report not a medical record. | Autopsy report falls within medical records and is exempt. | Yes; autopsy reports are medical records exempt from disclosure. |
Key Cases Cited
- Branch v. City of Myrtle Beach, 340 S.C. 405 (2000) (undefined terms interpreted by ordinary meaning)
- Society of Professional Journalists v. Sexton, 283 S.C. 563 (1984) (death certificates not medical records; autopsy context differs)
- Town of Summerville v. City of North Charleston, 378 S.C. 107 (2008) (statutory interpretation of public records; de novo review of law)
- State v. Baucom, 340 S.C. 339 (2000) (cardinal rule of statutory construction; plain meaning governs)
- Grier v. AMISUB of S.C., Inc., 397 S.C. 532 (2012) (interpretation of undefined statutory terms; usual meaning)
- Bellamy v. Brown, 305 S.C. 291 (1991) (FOIA liberal construction; remedial nature)