Plaintiff, Chester Patterson, appeals by leave granted a circuit court order granting summary disposition to defendant, the Allegan County Sheriff, and dismissing plaintiffs action under the Freedom of Information Act 1 (foia). We reverse.
The operative facts are undisputed. Plaintiff, a prisoner, sent defendant a letter requesting official police booking photographs (mug shots) of two female prisoners who were then in the custody of the sheriffs department. Defendant responded to this request with a written denial that was based on a departmental policy not to make such photographs available except to police agencies.
Plaintiff filed suit and moved for partial summary disposition. In response, defendant argued that the requested mug shots are not public records as defined in MCL 15.232(c) and (e); MSA 4.1801(2)(c) and (e), and asserted that its nondisclosure policy is intended to prevent unwarranted invasions of the privacy of arrested individuals. The trial court granted summary disposition to defendant under MCR 2.116(I)(2) on the ground that the mug shots are not public records because they lack meaningful content.
The pivotal issue in this case is whether a mug shot is a public record under the foia. The clear and unambiguous language of the statute leads to the unequivocal conclusion that a mug shot is a public record. A public record is defined as a "writing prepared, owned, used, in the possession of, or retained by a public body in the performance
Defendant’s contention that the photographs are nondisclosable under the privacy exemption is also without merit. MCL 15.243(l)(a); MSA 4.1801(13)(1) (a);
Detroit Free Press, Inc v Oakland Co Sheriff,
We disagree with plaintiffs claim that he is entitled to punitive damages under MCL 15.240(5); MSA 4.1801(10X5). Defendant’s denial of the foia request, albeit wrong, was not arbitrary or capricious.
Tallman v Cheboygan Area Schools,
We decline to review plaintiff’s discrimination claims because he has failed to cite any authority to support those claims. We will not search for authority to sustain a party’s position.
Byrne v Schneider’s Iron & Metal, Inc,
Reversed.