City of Baton Rouge/Parish of East Baton Rouge v. Capital City Press, L.L.C.

4 So. 3d 807, 2008 WL 4539243
CourtLouisiana Court of Appeal
DecidedJanuary 16, 2009
Docket2007 CA 1088, 2007 CA 1089
StatusPublished
Cited by19 cases

This text of 4 So. 3d 807 (City of Baton Rouge/Parish of East Baton Rouge v. Capital City Press, L.L.C.) 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.

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City of Baton Rouge/Parish of East Baton Rouge v. Capital City Press, L.L.C., 4 So. 3d 807, 2008 WL 4539243 (La. Ct. App. 2009).

Opinion

KUHN, J.

lain this appeal, we consider whether the trial court erred in concluding that Internal Affairs Division (“IAD”) files of the Baton Rouge Police Department (“the BRPD”), be deemed confidential under La. R.S. 40:2532 and not subject to disclosure under the Public Records Act, La. R.S. 44:1 et seq. 1 Finding that the police officers under investigation had no individual privacy interest in these files and recognizing a strong public interest in disclosure, we find the trial court erred in not order *810 ing disclosure of the records after the redaction of certain protected information, as later directed in this opinion. We hereby issue a writ of mandamus directing the BRPD and the East Baton Rouge Parish Metropolitan Council (“the Metropolitan Council”) to make available to Capital City Press, L.L.C. d/b/a/ The Advocate (“Capital City Press”) a redacted copy of the IAD files within ten days of the finality of this opinion. Accordingly, we reverse the trial court’s judgment and remand for a determination of the amount of attorneys’ fees and litigation costs due to Capital City Press.

I. PROCEDURAL AND FACTUAL BACKGROUND

In the aftermath of Hurricane Katrina, when Baton Rouge, Louisiana, was inundated with storm evacuees, law enforcement officers from several other states came to Baton Rouge to assist the BRPD in their law enforcement efforts. Soon after the out-of-state officers began patrolling with the BRPD officers, some of the out-of-state officers made complaints about misconduct on the part of certain BRPD officers. The result was that the out-of-state officers withdrew their law enforcement assistance, and the BRPD conducted an IAD investigation regarding these allegations of misconduct.

|4By letter dated May 18, 2006, Kimberly Vetter, a reporter for “The Advocate” newspaper, made a request pursuant to the Public Records Act, to Kim Brooks, the legal advisor to the BRPD, seeking information regarding the IAD investigation. Specifically, Vetter sought to review the following:

Records and reports that comprise the internal investigation of the five [BRPD] officers who were disciplined in January in relation to allegations of brutality and excessive force made by New Mexico State Police and Michigan State Police.

On June 6, 2006, Brooks denied Vetter’s request, urging the IAD records did not fall within the purview of the Public Records Act. In a June 21, 2006 letter, Lloyd Lunceford, counsel for Capital City Press made a more detailed request, which itemized the type of documents that might be encompassed within Capital City Press’s request for “records and reports.” 2

IsOn July 5, 2006, the City of Baton Rouge/Parish of East Baton Rouge (“the City-Parish”) filed a petition for a declaratory judgment regarding the request, seeking a declaration as to whether the *811 records sought by Capital City Press were subject to disclosure under the law. 3 The City-Parish asserted that it wished to provide all documents required to be disclosed by law so as to foster continued public confidence in the BRPD, but it did not want to be liable for invasion of the privacy rights of any persons affected by the disclosure. The City-Parish sought an “in camera” review by the trial court to assess and balance the privacy rights to be affected versus the public’s right to access and to determine whether the records must be disclosed in their entirety, in part, or not at all.

On the same date, Capital City Press filed suit against the BRPD and the Metropolitan Council, 4 asserting Capital City Press was entitled to access of the requested public documents under the Public Records Act. 5 Capital City Press sought a writ of injunction enjoining the BRPD and the Metropolitan Council from withholding the records sought or, alternatively, a writ of mandamus ordering the production of the records sought. Capital City Press also sought costs, attorneys’ fees, damages, and civil penalties. 6

lfiAlong with the petitions in each suit, the parties filed joint motions, which were granted, to have the individual suits consolidated since they involved common issues of law and fact. 7

After the suits were filed, the BRPD released two letters captioned “Interdepartmental Correspondence,” which addressed discipline that had been imposed by the BRPD with respect to two of the officers involved in the IAD’s investigation. One was a December 20, 2005 letter from Chief C. Jeffrey LeDuff to Corporal Cleveland Thomas, advising him that he had been suspended for three days. The suspension resulted from the IAD’s investigation of a complaint filed by New Mexico State Police representatives regarding Corporal Thomas’ involvement in a September 10, 2005 incident while on duty. The other was a January 12, 2006 letter from Chief LeDuff to Officer Robert Rachal, advising that the letter was “to serve as a reprimand.” The reprimand resulted from the IAD’s investigation of a complaint filed by Michigan State Police representatives regarding Officer Rachal’s involvement in a September 10, 2005 incident while on duty. 8

*812 Following the release of these two letters, Lunceford informed Brooks in a July 7, 2006 letter that Capital City Press continued to seek further disclosure. This letter stated in part, as follows:

[Capital City Press] has sought, and is seeking again by this letter, disclosure of all records and reports that comprise the internal investigation of all five [BRPD] officers against whom allegations of brutality and excessive force were made by the New Mexico State Police and Michigan State Police— whether those complaints resulted in “disciplinary action” as the BRPD apparently defines that term or resulted in some alternative disposition involving a lesser requirement or sanction, including but not limited to BRPD-ordered counseling.

|7In a reply letter dated July 12, 2006, Brooks responded, in pertinent part:

I am in receipt of your continued demand for the three remaining “disciplinary files.” Once again, the [BRPD] did not discipline anyone other than the two officers whose letters have already been provided. The three remaining officers were referred for verbal supervisory counseling. There is no written documentation of that activity. This action was taken because the complaints referring to these officers were not sustained after investigation.

One day later, Lunceford answered, in relevant part:

[M]y most recent letter made clear that my client’s request is not limited to “discipline” as that term is apparently defined by the BRPD. The records requested include any

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4 So. 3d 807, 2008 WL 4539243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/city-of-baton-rougeparish-of-east-baton-rouge-v-capital-city-press-lactapp-2009.