Louisiana sunshine lawsuits

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Here is a list of major FOIA court decisions and their effect on the Louisiana Public Records Act.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)

" Year Precedent
Angelo Iafrate Constr., L.L.C. v. State of Louisiana 2004 This case established that if a constitutional right to privacy could be established for personal records, the exemption protecting those personal records must be weighed against the public interest in the release of those records to determine if they are truly exempt.
Association of Rights of Citizens v. St. Bernard 1990
Bester v. Louisiana Supreme Court Commission on Bar Admissions 2000 This case established the separation of the judicial branch and its exemption from public records law in the Louisiana based on the theory of separation of powers.
Broderick v. State, Department of Environmental Quality 2000
Burkett v. UDS Management 1999
Capital City Press v. East Baton Rouge Parish Metropolitan Council 1997
Common Cause v. Morial 1987
Diggs v. Pennington 2003
Eastbank Consolidated Special Service Fire Protection District v. Crossen 2005
Elliott v. District Attorney of Baton Rouge 1995
First Commerce Title Co. Inc. v. Martin 2005 This established that individuals have a right to use personal photocopying equipment to copy records within an agencies office, so long as the do not "place" or "install" the equipment.
Hatfield v. Bush (I) 1989
Hatfield v. Bush (II) 1990
Hill v. East Baton Rouge Parish Department of Emergency Medical Services 2006 This case established that 911 recordings are confidential and exempt from records requests.
Hill v. Mamoulides 1986 This case established that failure to respond to records requests within the time limits established by the Louisiana Public Records Act did not result in a forfeit of the right to claim exemption from records requests.
Hilliard v. Litchfield 2002
Joseph v. Hospital Service District No. 2 of the Parish of St. Mary 2001
Kyle v. Perrilloux 2003 This court determined that the fact that documents originated in a different department did not effect whether or not the current public agency had custody and control of those documents.
Landis v. Moreau 2001 This case established that the exemption for attorney work product was not a broad exemption but demanded redaction and released of factual information contained in the document.
Local 100, SEIU v. Smith 2003
Louisiana Supreme Court Commission on Bar Admissions v. Roberts 2001
Phillips v. Board of Supervisors of Louisiana State University 1980
Plaquemines Parish Council v. Petrovich 1994
Reeves v. Orleans Parish School Board 1973
St. Mary Anesthesia Association Inc. v. Hospital Service District No. 2 of Parish of St. Mary 2001
State of Louisiana v. Jean 2003
State of Louisiana v. Nicholls College Foundation 1992 This case established that a private corporation must both receive public funds and act in a public capacity in order to be considered a public entity, all of whose records are subject to request.

This case also established that separate spending records highlighting the use of state funds and non-state funds was sufficient to protect the records of non-state funds from public records requests.

Times Picayune Publishing Corp. v. Board of Supervisors 2003 This case established that there was no exemption within the Louisiana Public Records Act to protect settlements of lawsuits in which the state is a party.
Vourvoulias v. Movassaghi 2005 This case determined that the Louisiana Public Records Act allows only requests made individuals who directly and personally submit a request for records.

References