§ 44:35 — Enforcement

Louisiana § 44:35

• Jurisdiction: Louisiana
• Title 44: Public Records and Recorders

Text

§35. Enforcement
A. Any person who has been denied the right to inspect, copy, reproduce, or obtain
a copy or reproduction of a record under the provisions of this Chapter, either by a
determination of the custodian or by the passage of five days, exclusive of Saturdays,
Sundays, and legal public holidays, from the date of his in-person, written, or electronic
request without receiving a determination in writing by the custodian or an estimate of the
time reasonably necessary for collection, segregation, redaction, examination, or review of
a records request, may institute proceedings for the issuance of a writ of mandamus,
injunctive or declaratory relief, together with attorney fees, costs and damages as provided
for by this Section, in the district court for the parish in which the office of the custodian is
located.
B. In any suit filed under Subsection A above, the court has jurisdiction to enjoin the
custodian from withholding records or to issue a writ of mandamus ordering the production
of any records improperly withheld from the person seeking disclosure. The court shall
determine the matter de novo and the burden is on the custodian to sustain his action. The
court may view the documents in controversy in camera before reaching a decision. Any
noncompliance with the order of the court may be punished as contempt of court.
C. Any suit brought in any court of original jurisdiction to enforce the provisions of
this Chapter shall be tried by preference and in a summary manner. Any appellate courts to
which the suit is brought shall place it on its preferential docket and shall hear it without
delay, rendering a decision as soon as practicable.
D.(1) If a person seeking the right to inspect, copy, or reproduce a record or to
receive or obtain a copy or reproduction of a public record prevails in such suit, he shall be
awarded reasonable attorney fees and other costs of litigation. If such person prevails in part,
the court may in its discretion award him reasonable attorney fees or an appropriate portion
thereof.
(2) If a public body or official brings a suit against a person based on the person's
request to inspect, copy, or reproduce a record or to receive or obtain a copy or reproduction
of a public record and the person prevails in the suit, the person shall be awarded reasonable
attorney fees and other costs of litigation. If the person prevails in part, the court may in its
discretion award the person reasonable attorney fees or an appropriate portion thereof.
E.(1) If the court finds that the custodian arbitrarily or capriciously withheld the
requested record or unreasonably or arbitrarily failed to respond to the request as required
by R.S. 44:32, it may award the requestor any actual damages proven by him to have resulted
from the actions of the custodian except as hereinafter provided. In addition, if the court
finds that the custodian unreasonably or arbitrarily failed to respond to the request as required
by R.S. 44:32, it may award the requestor civil penalties not to exceed one hundred dollars
per day, exclusive of Saturdays, Sundays, and legal public holidays, for each such day of
such failure to give notification.
(2) No person shall be personally liable for any penalty provided in this Chapter,
including damages, civil penalties, attorney fees, and other costs of litigation assessed for
failure to comply with this Section. In all instances in which a penalty is assessed, the public
body shall be responsible for such penalties.
F. An award for attorney fees in any suit brought under the provisions of this Chapter
shall not exceed the amounts approved by the attorney general for the employment of
outside counsel.

Legislative History

Amended by Acts 1978, No. 686, §1; Acts 1988, No. 336, §1; Acts 1999, No. 1154, §1; Acts 2014, No. 629, §1; Acts 2018, No. 394, §1; Acts 2022, No. 770, §1; Acts 2024, No. 493, §1, eff. June 5, 2024.