264 So. 3d 456
La. Ct. App.2018Background
- Terri Lewis Stevens filed a mandamus action against St. Tammany Parish Government seeking production of records responsive to eight public‑records requests (PRRs) and sought damages, penalties, attorney fees, and costs.
- After motions and a three‑day trial, the trial court dismissed claims as to two PRRs (4716, 5025) but granted writs of mandamus for five PRRs (5334, 5335, 5336, 5338, 5367), ordering production or inspection under a court compliance plan.
- The trial court found the Parish did not act arbitrarily for four of the five (5334, 5335, 5336, 5338) but did arbitrarily withhold contracts and insurance certificates for PRR 5367.
- The court denied damages and civil penalties (no proof of actual damages; Parish timely responded within statutory period), but awarded Stevens $20,000 in attorney fees and $1,646.09 in costs.
- Both parties appealed; the appellate court affirmed the trial court in all respects and divided appellate costs equally.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Parish improperly responded to PRRs and whether mandamus was appropriate | Stevens argued specific requested records existed and were withheld or not produced | Parish argued requests were overly broad, unduly burdensome, and it acted in good faith to narrow/search; production would disrupt operations | Affirmed: trial court properly ordered production/inspection for PRRs 5334, 5335, 5336, 5338, 5367; PRRs 4716 and 5025 were properly dismissed as no responsive records in Parish custody at request time |
| Whether civil penalties/damages were warranted under La. R.S. 44:35(E)(1) | Stevens sought penalties and actual damages for withholding/failure to respond | Parish pointed to timely responses within three days and lack of proof of actual damages | Held: No civil penalties (Parish responded within statutory period); no actual damages proved; damages denied |
| Whether attorney fees and costs should be awarded and amount | Stevens sought fees and costs (and later fees on appeal) | Parish argued fees inappropriate because plaintiff only partially prevailed and requests were burdensome | Held: Trial court did not abuse discretion in awarding $20,000 and $1,646.09 costs; appellate request for fees denied because not requested in appellee answer |
| Lawfulness of court's compliance plan and pace of production | Stevens argued compliance over time was improper | Parish explained breadth and multi‑department searches required phased production to avoid disruption | Held: Compliance plan and phased production appropriate given breadth and operational impact; court monitoring permissible |
Key Cases Cited
- New Orleans Bulldog Society v. La. Soc. for the Prevention of Cruelty to Animals, 222 So.3d 679 (La. 2017) (doubts about access resolved in favor of public)
- Landis v. Moreau, 779 So.2d 691 (La. 2001) (Public Records Law construed liberally to favor access)
- Title Research Corp. v. Rausch, 450 So.2d 933 (La. 1984) (burden rests on custodian to justify withholding)
- Stobart v. State through Dep't of Transp. & Dev., 617 So.2d 880 (La. 1993) (standard for manifest error review)
- State, Dep't of Transp. & Dev. v. Williamson, 597 So.2d 439 (La. 1992) (factors for assessing reasonable attorney fees)