ILNews

Private parties liable for attorney fees in open records disputes

Back to TopCommentsE-mailPrintBookmark and Share

The Indiana Supreme Court affirmed a trial court’s ruling that held a private party liable for attorney fees in an Access to Public Records Act claim.

The International Union of Painters and Allied Trades filed a complaint against the Metropolitan School District of Warren Township after the township and the Public Access Counselor the denied a request to inspect and copy payroll records. The records had been submitted by ShepCo Commercial Finishes, a subcontractor on a public-works project.

Although the trial court denied the township’s motion to add ShepCo as a necessary party, it did grant ShepCo’s motion to intervene.

After a hearing, the trial court entered summary judgment for the union and ordered the township to disclose the records. The trial court also awarded the union $20,234 in attorney fees against the township and ShepCo, jointly and severally.

The union then filed a motion to amend the final judgment seeking additional attorney fees expended by its counsel in litigating the original request for attorney fees. The trial court entered an amended judgment awarding the union an additional $2,425.

ShepCo appealed; the Court of Appeals concluded that the company was not liable for attorney fees because it was not a public agency that denied access to public records.

The Supreme Court reversed that decision, finding that private parties may be liable for attorney fees under the APRA.  

Writing for the court, Justice Steven David argued, “To shield private entities from liability for attorney’s fees would thwart, rather than further, the public policy underlying APRA. Here, the legislature has made is clear that the APRA must be ‘liberally construed to implement’ the policy of full access to public records and transparency of government affairs. And the legislature clearly contemplated the involvement of private parties in APRA litigation. Removing from private entities any fear of liability for attorney’s fees would deter persons seeking to inspect public records from filing APRA actions, as the private entities could assert non-meritorious defenses to avoid disclosure and drive up litigation costs.”

The Supreme Court affirmed the award of attorney fees to the union and remanded to the trial court to determine what additional attorney fees the union incurred as a result of ShepCo’s appeal.

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. File under the Sociology of Hoosier Discipline ... “We will be answering the complaint in due course and defending against the commission’s allegations,” said Indianapolis attorney Don Lundberg, who’s representing Hudson in her disciplinary case. FOR THOSE WHO DO NOT KNOW ... Lundberg ran the statist attorney disciplinary machinery in Indy for decades, and is now the "go to guy" for those who can afford him .... the ultimate insider for the well-to-do and/or connected who find themselves in the crosshairs. It would appear that this former prosecutor knows how the game is played in Circle City ... and is sacrificing accordingly. See more on that here ... http://www.theindianalawyer.com/supreme-court-reprimands-attorney-for-falsifying-hours-worked/PARAMS/article/43757 Legal sociologists could have a field day here ... I wonder why such things are never studied? Is a sacrifice to the well connected former regulators a de facto bribe? Such questions, if probed, could bring about a more just world, a more equal playing field, less Stalinist governance. All of the things that our preambles tell us to value could be advanced if only sunshine reached into such dark worlds. As a great jurist once wrote: "Publicity is justly commended as a remedy for social and industrial diseases. Sunlight is said to be the best of disinfectants; electric light the most efficient policeman." Other People's Money—and How Bankers Use It (1914). Ah, but I am certifiable, according to the Indiana authorities, according to the ISC it can be read, for believing such trite things and for advancing such unwanted thoughts. As a great albeit fictional and broken resistance leaders once wrote: "I am the dead." Winston Smith Let us all be dead to the idea of maintaining a patently unjust legal order.

  2. The Department of Education still has over $100 million of ITT Education Services money in the form of $100+ million Letters of Credit. That money was supposed to be used by The DOE to help students. The DOE did nothing to help students. The DOE essentially stole the money from ITT Tech and still has the money. The trustee should be going after the DOE to get the money back for people who are owed that money, including shareholders.

  3. Do you know who the sponsor of the last-minute amendment was?

  4. Law firms of over 50 don't deliver good value, thats what this survey really tells you. Anybody that has seen what they bill for compared to what they deliver knows that already, however.

  5. As one of the many consumers affected by this breach, I found my bank data had been lifted and used to buy over $200 of various merchandise in New York. I did a pretty good job of tracing the purchases to stores around a college campus just from the info on my bank statement. Hm. Mr. Hill, I would like my $200 back! It doesn't belong to the state, in my opinion. Give it back to the consumers affected. I had to freeze my credit and take out data protection, order a new debit card and wait until it arrived. I deserve something for my trouble!

ADVERTISEMENT