Dutton v. Guste

19 Citing cases

  1. Alliance, Afford. v. Frick

    695 So. 2d 1126 (La. Ct. App. 1997)   Cited 19 times
    Finding that the "rights and duties" of a city agency were established under the Public Records Act, and that the city agency, as custodian of records, would be subject to a writ of mandamus compelling production of records

    See La.R.S. 44:35 (A). See Dutton v. Guste, 395 So.2d 683 (La. 1981), a suit for mandamus in which the court determined whether requested documents were "public records" subject to disclosure; Treadway v. Jones, supra, in which the plaintiff filed a suit for a declaratory judgment and mandamus, or alternatively an injunction prohibiting the defendant from withholding written proposals submitted by private entities which were seeking a management contract with the Housing Authority of New Orleans. The trial court denied relief, but this Court reversed and issued a mandamus.

  2. Capital City v. E. Baton

    676 So. 2d 793 (La. Ct. App. 1996)   Cited 3 times

    Any person who has been denied the right to inspect or copy a public record may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages. La.R.S. 44:35(A); Dutton v. Guste, 395 So.2d 683, 684 (La. 1981). Moreover, the burden is on the custodian, rather than the party seeking access, to sustain his action.

  3. State ex Rel. v. Bd. of Commrs

    80 Ohio St. 3d 134 (Ohio 1997)   Cited 53 times
    Holding that confidentiality provision did not alter the public entity's obligation to disclose a settlement agreement under Ohio's public records law

    The result is also consistent with the holdings of courts in other jurisdictions construing their own public records statutes. Daily Gazette Co., Inc. v. Withrow (1986), 177 W. Va. 110, 115, 350 S.E.2d 738, 743 ("It is clear that a * * * litigation settlement document in which one of the parties is a public body, involving an act or omission of the public body in the public body's official capacity, is a `public record' within the meaning of a freedom of information statute * * *."); Dutton v. Guste (La. 1981), 395 So.2d 683, 685; News Observer Publishing Co. v. WakeCty. Hosp. Sys. (1981), 55 N.C. App. 1, 12-13, 284 S.E.2d 542, 549; see, also, 1 O'Reilly, Federal Information Disclosure (2 Ed. 1995) 9-23, Section 9.06 ("There will be areas in which the agency and court may sympathize with the desirability of withholding [disclosure of the records], as in litigation settlement situations, but these do not qualify for exempt status." [Emphasis added.]).

  4. Daily Gazette Co., Inc. v. Withrow

    177 W. Va. 110 (W. Va. 1986)   Cited 18 times
    In Withrow, The Daily Gazette Company requested, pursuant to the FOIA, that the Sheriff of Kanawha County make available for inspection and copying all documents reflecting the terms of the legal settlement of a federal civil rights action brought against the sheriff by a former deputy sheriff, and the sheriff's subsequent counterclaim.

    It is clear that a release or other litigation settlement document in which one of the parties is a public body, involving an act or omission of the public body in the public body's official capacity, is a "public record" within the meaning of a freedom of information statute, such as W. Va. Code, 29B-1-2(4), as amended, defining a "public record" as a writing which contains information "relating to the conduct of the public's business[.]" See Register Division of Freedom Newspapers, Inc. v. County of Orange, 158 Cal.App.3d 893, 901, 205 Cal.Rptr. 92, 96-97 (1984) (settlement documents in tort claim by county jail inmate alleging sheriff's negligence); Dutton v. Guste, 395 So.2d 683, 684-85 (La. 1981) (settlement documents in action by state against architects and engineers concerning design and construction of a public building); In re Geneva Printing Co. v. Village of Lyons, 7 Media L.Rep. (BNA) 1220, 1222-24 (N.Y.Sup.Ct. 1981) (settlement agreement in disciplinary proceeding by municipality against public employee); News Observer Publishing Co. v. Wake County Hospital System, 55 N.C. App. 1, 12-13, 284 S.E.2d 542, 549 (1981) (settlement documents in action by medical professional associations against quasi-public county hospital system for wrongful termination of agreements), petition for discretionary review denied, 305 N.C. 302, 291 S.E.2d 151, appeal dismissed for want of jurisdiction and cert. denied, 459 U.S. 803, 103 S.Ct. 26, 74 L.Ed.2d 42 (1982). See generally annotation, What Are "Records" of Agency Which Must Be Made Available Under State Freedom of Information Act, 27 A.L.R.4th 680, § 16 (1984).

  5. Lewis v. La. State Univ.

    Civil Action 21-198-SM-RLB (M.D. La. Mar. 13, 2023)   1 Legal Analyses

    R. Doc. 219-1 at p. 51. See Dutton v. Guste, 395 So.2d 683, 685 (La. 1981) (Marcus, J.) (reversing a lower court and ordering inspection under the Public Records Law when there was no evidence that documents otherwise fitting the definition of a public record were prepared in anticipation of litigation or in preparation for trial). Third, the Memo to File, Student Complaint Memo, and Attachments were required to be preserved in a public office or by a person or public officer pursuant to La. R.S. 44:36.

  6. Texaco v. La. Land Expl.

    805 F. Supp. 385 (M.D. La. 1992)   Cited 7 times
    Holding that the Louisiana Public Records Law does not compel the disclosure of documents that are shielded by the federal attorney-client privilege

    The magistrate judge interprets the phrase "otherwise specifically provided by law" as meaning that there must be a statute which expressly provides that certain types of documents or records are exempt from disclosure under the Louisiana Public Records Law. This interpretation is based in large measure on her reading of the case of Dutton v. Guste, 395 So.2d 683 (La. 1981). After a lengthy discussion of Dutton, the magistrate judge concludes that the Louisiana Supreme Court implicitly rejected the rationale espoused by the lower appellate court that the Public Records Law should be read in pari materia with La.C.Civ.P. art. 1422, which generally limits the scope of discovery to matters "not privileged."

  7. Society of Prfessional Journalists v. Briggs

    675 F. Supp. 1308 (D. Utah 1987)   Cited 3 times

    The Archives and Records Services Act defines "public records," as follows: See Daily Gazette Co. v. Withrow, 350 S.E.2d 738, 743-44 (W.Va. 1986); Newspapers, Inc. v. Pyzyk, 13 Med.L.Rptr. 2004, 2005 (Wis. Cir.Ct., October 15, 1986); Register Division of Freedom Newspapers, Inc. v. County of Orange, 158 Cal.App.3d 893, 901, 205 Cal.Rptr. 92, 96-7 (Cal.Ct.App. 1984) (settlement documents in tort claim by county jail inmate alleging sheriff's negligence); Dutton v. Guste, 395 So.2d 683, 684-85 (La. 1981) (settlement documents in action by state against architects and engineers concerning design and construction of a public building); In re Geneva Printing Co. v. Village of Lyons, 7 Med.L.Rep. 1220, 1222-24 (N.Y.Sup.Ct. March 25, 1981) (settlement agreement in disciplinary proceeding by municipality against public employee); News Observer Publishing Co. v. Wake County Hospital System, 55 N.C. App. 1, 12-13, 284 S.E.2d 542, 549 (1981) (settlement documents in actions by medical professional associations against quasi-public county hospital system for wrongful termination of agreements), petition denied, 305 N.C. 302, 292 S.E.2d 151, cert. denied and appeal dismissed, 459 U.S. 803, 103 S.Ct. 26, 74 L.Ed.2d 42 (1982). "Public records" means all books, papers, letters, documents, maps, plans, photographs, sound recordings, management information systems, or other documentary materials, regardless of physical form or characteristics, made or received, and retained by any state public offi

  8. New Orleans Bulldog Soc'y v. La. Soc'y for the Prevention of Cruelty to Animals

    222 So. 3d 679 (La. 2017)   Cited 5 times

    As mentioned, Louisiana courts have held that the Public Records law must be liberally interpreted so as to extend rather than restrict access to public records by the public. C.B. Dutton v. William J. Guste, Jr., 395 So.2d 683, 685 (La. 3/2/81). In keeping with that statutory interpretation, and contrary to the defendant's assertion that it is not primarily funded by public funds, we find that the use of public money in this context triggers the Public Records Law.

  9. The Baltimore Sun Co. v. Mayor, City Council, Baltimore

    359 Md. 653 (Md. 2000)   Cited 37 times
    Holding that sealing order violated "common law principle of openness regarding public access to court proceedings and records"

    The matter of confidentiality was based entirely upon the agreement among the parties. Courts generally take the position that the requirements of a public information statute cannot ordinarily be circumvented by agreements between the government officials and others. See, e.g., Anchorage School District v. Anchorage Daily News, 779 P.2d 1191 (Alaska 1989); Des Moines School District v. Des Moines Register, 487 N.W.2d 666 (Iowa 1992); Dutton v. Guste, 395 So.2d 683 (La. 1981); Guy Gannett Publishing Co. v. University of Maine, 555 A.2d 470 (Me. 1989); The Morning Call, Inc. v. Lower Saucon Township, 156 Pa. Commw. 397, 627 A.2d 297 (1993); Daily Gazette Co. v. Withrow, 177 W. Va. 110, 350 S.E.2d 738 (1986). Because of our assumption for purposes of the present case, we need not further explore this issue.

  10. Capital Ci. Pr. v. East Bat. Rouge Par.

    696 So. 2d 562 (La. 1997)   Cited 55 times
    Finding that applicants for public employment have no privacy interest in their resumes

    As with the constitutional provision, the statute should be construed liberally, and any doubt must be resolved in favor of the right of access. Id. at 936-937; see alsoDutton v.Guste, 395 So.2d 683 (La. 1981). There is no dispute that the applications for the positions of Director and Assistant Director are "public records" under La.R.S. 44:1 as they are "documentary materials . . . having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, . . . work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state . . . or order of any public body." La.R.S. 44:1A(2) provides that exceptions may be made "in this Chapter or as otherwise specifically provided by law" to the public records doctrine, and in fact La.R.S. 44:1 et seq. contains several exceptions.