06 March 2012
petition for writ of mandamus to enforce an La. R.S. 44:1 et seq public records request
now this is one impressively worded petition.
naturally, we're on the side of the plaintiffs, john randolph pierce and darrell wayne glasper, sr. and believe that the east baton rouge parish sheriff's office should turn over all the requested records.
one exception we take to the petition is at paragraph seven (7) where the plaintiffs incorrectly refer to their La. R.S. 44:1 et seq. Public Records Request (PRR) as a Freedom Of Information Act Request (FOIA).
a freedom of information act (foia) request is one made for federal public records. whereas, a public records request (prr) is one made for state and local governmental public records R.S. 44:1A.(1).
if you are an attorney or non-attorney public records requester, blogger, main stream media writer, etc., please properly differentiate between the two - it's important."We consulted with other agencies which also received the complaint that concurred with our findings and were unable to substantiate the information," Hicks said. "Our investigation is complete pending any new information that would warrant further investigation."
meaning, that the requested documents, (other than the "initial report" (.pdf pages 20 - 22) which is always a public record (R.S. 44:3(4)(a)) and was provided), were now public records per R.S. 44:3A.(1), -- are not public records after all ... due to "the anticipated pending criminal investigation..." .pdf page 18.
see also
louisiana conservative
glasper, pierce sue sheriff gautreaux
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and also
the dead pelican
lawyer requests records regarding complaint against baton rouge mayor
and
sheriff's office denies records request
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