Scruggs v. Circuit Clerk of the Circuit Court of Alcorn County
| Docket Number: | 2006-CP-01942-COA Linked Case(s): 2006-CP-01942-SCT ; 2006-CT-01942-SCT |
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| Court of Appeals: |
Opinion Link Opinion Date: 10-30-2007 Opinion Author: CARLTON, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Public records request - Section 25-61-5 - Venue Judge(s) Concurring: KING, C.J., LEE AND MYERS, P.JJ., IRVING, CHANDLER, GRIFFIS, BARNES, ISHEE AND ROBERTS, JJ., Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 10-18-2006 Appealed from: Alcorn County Chancery Court Judge: Rodney E. Shands Disposition: JUDGMENT OF DISMISSAL WITH PREJUDICE ENTERED Case Number: 2006-0203-02-S |
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| Party Name: | Attorney Name: | Brief(s) Available: | ||
| Appellant: | ROBERT S. SCRUGGS A/K/A ROBERT SAMUEL
SCRUGGS A/K/A TAC HAMMER |
ROBERT S. SCRUGGS (PRO SE) |
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| Appellee: | JOE CALDWELL, CIRCUIT CLERK OF THE CIRCUIT COURT OF ALCORN COUNTY | ROBERT JOSEPH MIMS |
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Synopsis provided by:  If you are interested in subscribing to the weekly synopses of all Mississippi Supreme Court and Court of Appeals hand downs please contact Tammy Upton in the MLI Press office. |
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| Topic: | Public records request - Section 25-61-5 - Venue |
| Summary of the Facts: | Robert Scruggs was convicted of possession of cocaine with intent to sell and assault on a police officer. He was sentenced as an habitual criminal to thirty years. Scruggs sent a request for public records to the Alcorn County Circuit Clerk, pursuant to section 25-61-5, seeking a certified stamped filed copy of the indictment returned against him by the grand jury, copies of minutes detailing the grand jury proceeding, and the affidavit of the grand jury foreman. Several months later, Scruggs filed a complaint for redress against the Alcorn County Circuit Clerk claiming that the clerk, Joe Caldwell, had not provided him with the requested documents. The chancellor ordered that the circuit clerk make copies of all the documents the clerk’s office had in its possession regarding Scruggs’ request. After the circuit clerk filed a notice of service showing he had sent a certified copy of the indictment, minutes pertaining to the grand jury proceeding, minutes pertaining to the Alcorn County Circuit Court, and copies of all the exhibits related to Scruggs’ criminal case, the chancellor signed an order dismissing Scruggs’s suit against Caldwell with prejudice. Scruggs appeals. |
| Summary of Opinion Analysis: | While Scruggs is insistent that he has not yet received all of the documents he requested, the circuit clerk’s office claims to have sent everything he requested that was in the clerk’s office. The chancellor was satisfied that the documents had been provided to Scruggs and dismissed the suit with prejudice. The circuit clerk has no obligation under section 25-61-5 to provide documents that do not exist or to create documents to satisfy a public records request. Therefore, the chancellor properly dismissed the case. Scruggs also argues that the chancellor changed the venue for the hearing from Alcorn County Chancery Court to Lee County, as his hearing was held in the Tupelo Justice Center rather than in Alcorn County. This argument is without merit, as the hearing was still docketed as being in the Alcorn County Chancery Court. |
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