Scruggs v. Bd. of Supervisors Alcorn County, et al.
| Docket Number: | 2010-CP-01775-COA Linked Case(s): 2010-CP-01775-COA |
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| Court of Appeals: |
Opinion Link Opinion Date: 04-03-2012 Opinion Author: Barnes, J. Holding: Affirmed |
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| Additional Case Information: |
Topic: Public records request - Exhaustion of administrative remedies - Section 25-61-5(1)(a) Judge(s) Concurring: Lee, C.J., Irving and Griffis, P.JJ., Ishee, Roberts, Carlton, Russell and Fair, JJ. Non Participating Judge(s): Maxwell, J. Procedural History: Dismissal Nature of the Case: CIVIL - OTHER |
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| Trial Court: |
Date of Trial Judgment: 09-28-2010 Appealed from: Alcorn County Chancery Court Judge: Talmadge Littlejohn Disposition: ORDER OF DISMISSAL ENTERED Case Number: 2010-0461-02-L |
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| Party Name: | Attorney Name: | |||
| Appellant: | Robert S. Scruggs |
PRO SE |
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| Appellee: | Board of Supervisors Alcorn County Commissioners, et al | ROBERT GLENN KROHN |
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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 - Exhaustion of administrative remedies - Section 25-61-5(1)(a) |
| Summary of the Facts: | Robert Scruggs, an inmate of the Mississippi Department of Corrections, filed a cause of action styled “Civil Action Under Mississippi Public Records Act of 1983, Miss. Code Ann. Section 26-61-1-9-11” in chancery court against the “Board of Supervisors Alcorn County Commissioners et al.” Scruggs sought facts about Jeff Palmer’s termination from the joint drug task force of Corinth. Scruggs alleged that Palmer was dismissed for tampering and planting evidence of the use of drugs. The Respondents filed motions to dismiss on various grounds, including that Scruggs has not exhausted his administrative remedies by making a written demand for public records in Alcorn County. Scruggs filed a motion to amend his pleadings, requesting the personnel files of Marcus Mills, a drug task force officer. The chancery court denied the motion. Scruggs then requested issuance of a subpoena duces tecum for the same records that are the subject of this lawsuit. The Respondents filed a motion to quash the request. The chancery court ordered the Respondents to produce to the court for an in-camera inspection the redacted personnel files of former county employees Palmer and Mills. After thoroughly reviewing the redacted records, the chancellor entered an order dismissing Scruggs’s case. Scruggs appeals. |
| Summary of Opinion Analysis: | Scruggs insists that he was denied access to public records he had requested. Scruggs also maintains that his pleadings should not be held to the standard of a trained lawyer, as he appears pro se. Section 25-61-5(1)(a) of the Mississippi Public Records Act requires that a person make a request to a public agency in order to obtain public records. “[I]f a public body has not adopted written procedures [concerning requests for public records], the right to inspect, copy or mechanically reproduce or obtain a reproduction of a public record of the public body shall be provided within one (1) working day after a written request for a public record is made.” As the chancellor noted, the request must be in writing and identify the records requested. Furthermore, administrative relief requires a request and a denial of that request prior to institution of a suit. There is no evidence in the record whatsoever that Scruggs ever filed a request for public information with the Respondents until the filing of his complaint. Moreover, the affidavit of the Alcorn County Chancery Clerk, attached to the Respondents’ motions to dismiss, states Scruggs never made an oral or written request to the Board for any public information. There is substantial evidence in the record to support the chancellor’s findings. |
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