Carter v. City of Shreveport

244 So. 3d 659
CourtLouisiana Court of Appeal
DecidedSeptember 27, 2017
DocketNo. 51,589–CA
StatusPublished
Cited by6 cases

This text of 244 So. 3d 659 (Carter v. City of Shreveport) is published on Counsel Stack Legal Research, covering Louisiana Court of Appeal primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Carter v. City of Shreveport, 244 So. 3d 659 (La. Ct. App. 2017).

Opinion

STONE, J.

The Appellant, Michael Carter ("Carter"), appeals the trial court's ruling ordering him to pay $1,000 to obtain public records from Appellees, City of Shreveport ("City"), Willie Shaw, Jr., individually and in his official capacity as Chief of Police ("Shaw"), and William Bradford, individually and in his official capacity as City Attorney ("Bradford")(collectively, "Defendants"). Additionally, Carter appeals the trial court's denial of his request that Defendants be penalized for their delay in responding to the public records requests, and the trial court's award of only $2,000 in attorney fees. For the following reasons, we amend the judgment in part to reflect an increase in attorney fees and, as amended, we affirm.

FACTS AND PROCEDURAL HISTORY

On September 14, 2015, Pamela Breedlove ("Breedlove"), counsel for Carter, faxed four separate public records requests ("the requests") to the City seeking certain documents from the Shreveport Police Department ("SPD"). The requests were also faxed to Shaw and Bradford. The requests are reproduced below:

Public Records Request # 1

1. Produce any and all Departmental Organization Chart, General Order, Bureau Manual, Human Resources Document, Departmental Memo, or other document which establishes the number authorized and/or allotted officers for the Shreveport Police Department's Five Divisions as set forth in its General Orders, which include: the Administrative Division, the Investigations Division, the Support Division, the Uniform Services East Division, and the Uniform Services West Division.
2. Produce any and all Departmental Organization Chart, General Order, Bureau Manual, Human Resources Document, Departmental Memo, or other document which establishes the number of authorized and/or allotted officers for the Shreveport Police Department in the following Bureaus and/or Units:
i. Chief's personal staff
ii. Staff Services Bureau
iii. Technical Services Bureau
iv. Violent Crimes Unit
v. Narcotics Unit
vi. Property Crimes Unit
vii. Juvenile Crimes Unit
viii. SRT Team
ix. CSIU
x. Information Services Bureau
xi. Human Resources Bureau
xii. Training Academy
xiv. Patrol Administration
xv. Community Oriented Policing Bureau
xvi. USD Administration
xvii. Area 1 Patrol Bureau
xviii. [sic ] Area 2 Patrol Bureau
xix. Area 3 Patrol Bureau
xx. Area 4 Patrol Bureau
xxi. Accident Investigation Unit
xxii. DWI Unit
xxiii. Radar Unit
xxiv. Motorcycles Unit
xxv. K-9 Unit
xxvi. Cross Lake Patrol
xxvii. Property Room/Property Management
xxviii. Internal Affairs
xxix. Deputy Chief Administration
xxx. Any other administrative positions
xxxi. Any other special units
3. For all divisions, bureaus, units, and/or staff positions so authorized and/or allocated, produce any and all memos, summaries, emails, and/or *663other documents showing the number of officers actually filling said positions.
4. For all divisions, bureaus, units and/or staff positions so authorized and/or allocated, produce any and all memos, summaries, emails, and/or other documents showing the number of vacancies in each such position.

Public Records Request # 2

1. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours earned by all officers in the Patrol Bureau since January 1, 2014.
2. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours taken off by all officers in the Patrol Bureau since January 1, 2014.
3. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours earned by all officers in the Investigative Division since January 1, 2014.
4. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours taken off by all officers in the Investigative Division since January 1, 2014.
5. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours earned by all officers in the Internal Affairs Bureau since January 1, 2014.
6. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours taken off by all officers in the Internal Affairs Bureau since January 1, 2014.
7. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours earned by all officers in the Field Support Bureau since January 1, 2014.
8. Produce any and all memos, summaries, reports, and other documents that show the total number of compensatory hours taken off by all officers in the Field Support Bureau since January 1, 2014.
If the Shreveport Police Department asserts it does not have any documents that break down this information as requested, then produce the following documents:
9. Produce any and all 2014 and 2015 time sheets for all officers in the Patrol Bureau.
10. Produce any and all 2014 and 2015 time sheets for all officers in the Investigative Division.
11. Produce any and all 2014 and 2015 time sheets for all officers in the Internal Affairs Bureau.
12. Produce any and all 2014 and 2015 time sheets for all officers in the Field Support Bureau.

Public Records Request # 3

1. Produce any and all General Orders, policies, memos, summaries, reports, emails, Internal Office Communications and other documents that establish, address, discuss, change, or interpret the requirements for compensatory time to be taken by members of the Shreveport Police Department including all divisions, bureaus, departments, and positions.
*6642. Produce any and all General Orders, policies, memos, summaries, reports, emails, Internal Office Communications and other documents that establish, discuss, change, interpret or otherwise address the minimum staffing required for each division, bureau, unit, and/or shift of the Shreveport Police Department.

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Bluebook (online)
244 So. 3d 659, Counsel Stack Legal Research, https://law.counselstack.com/opinion/carter-v-city-of-shreveport-lactapp-2017.