Miss. State Univ. v. People for the Ethical Treatment of Animals, Inc.
| Docket Number: | 2006-CA-02120-SCT Linked Case(s): 2006-CA-02120-SCT |
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| Supreme Court: | Opinion Link Opinion Date: 07-31-2008 Opinion Author: RANDOLPH, J. Holding: Reversed and Remanded |
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| Additional Case Information: |
Topic: Public records request - Trade secrets - Section 25-61-9 - Section 25-61-11 - Section 79-23-1(3) Judge(s) Concurring: SMITH, C.J., WALLER, P.J., CARLSON, DICKINSON AND LAMAR, JJ. Non Participating Judge(s): EASLEY AND GRAVES, JJ. Dissenting Author : DIAZ, P.J., with separate written opinion. Procedural History: Bench Trial Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 11-28-2006 Appealed from: OKTIBBEHA COUNTY CHANCERY COURT Judge: Dorothy W. Colom Disposition: Following Mississippi State University’s (MSU” denial of its records request, People for the Ethical Treatment of Animals, Inc. (PETA) filed a complaint in the Chancery Court of Oktibbeha County seeking disclosure. In its initial request, PETA sought records relating to any and all research projects, tests, and/or experiments that initially received funding and/or sponsorship and any and all installments thereof, in whole or in part, from The Iams Company (“Iams”) or an affiliate and for which in vivo animal research was conducted at MSU from 1999 to date. The trial court ordered disclosure of the material to PETA, subject to certain conditions. Case Number: 06-0022 |
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| Party Name: | Attorney Name: | |||
| Appellant: | MISSISSIPPI STATE UNIVERSITY AND THE IAMS COMPANY |
JENNIFER G. RUSH,
JOHNNIE M. HALEY,
JAMES P. STREETMAN, III,
KENNETH TREY O’CAIN,
LEAH LOUISE NICHOLS |
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| Appellee: | PEOPLE FOR THE ETHICAL TREATMENT OF ANIMALS, INC. | ROBERT B. McDUFF |
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| Topic: | Public records request - Trade secrets - Section 25-61-9 - Section 25-61-11 - Section 79-23-1(3) |
| Summary of the Facts: | Following Mississippi State University’s denial of its records request, People for the Ethical Treatment of Animals, Inc. filed a complaint in chancery court seeking disclosure. In its initial request, PETA sought records relating to any and all research projects, tests, and/or experiments that initially received funding and/or sponsorship and any and all installments thereof, in whole or in part, from The Iams Company or an affiliate and for which in vivo animal research was conducted at MSU from 1999 to date. PETA’s request subsequently was modified to seek only Institutional Animal Care and Use Committee records for projects, tests, and experiments funded by Iams, the creation of which were a requisite condition under MSU’s agreements with Iams. Thus, PETA sought a compilation of data and information recorded on animal care protocol review forms prepared by MSU in conjunction with Iams, with whom it contracted to perform studies and research. After Iams was granted leave to intervene, it filed a “Motion for an Order Prohibiting the Disclosure of Exempt Information.” The chancellor entered her order which ordered disclosure to PETA, subject to limited conditions. MSU and Iams appeal. |
| Summary of Opinion Analysis: | The issue in this case is whether the chancery court erred in holding that the data and information recorded on the protocol forms, which formed the basis of PETA’s records request, were not protected from disclosure by the Mississippi Public Records Act of 1983. The chancellor’s error was in concluding that the protocol review forms were not developed under contract, for both the contracts and Carey’s affidavit, the only credible evidence presented, plainly contradict that conclusion. In fact, the requirement that the protocol review forms be utilized was a condition of the contracts, and failure to do so would constitute a breach thereof. Additionally, this record is devoid of evidence to dispute that the data and information contained in the documents has proprietary value. Section 25-61-2 of the Public Records Act provides that “[i]t is the policy of this state that public records shall be available for inspection by any person unless otherwise provided by this chapter; furthermore, providing access to public records is a duty of each public body.” The protocol forms requested by PETA are “public records” as defined in section 25-61-3(b). However, section 25-61-9, section 25-61-11, and section 79-23-1(3) create exceptions to the Public Records Act for trade secrets and confidential commercial and financial information of a proprietary nature developed by a college or university under contract with a firm, business, partnership, association, corporation, individual or other like entity. MSU and Iams argue and offer proof that the completed protocol forms contain confidential, proprietary and trade secrets information about Iams’ research. Sections 25-61-9(3) and 79-23-1(3) require the exemption of the substantive portions of the protocol forms. In finding these legislatively-mandated exemptions inapplicable, the chancellor erred. |
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