Brown v. Minter
| Decision Date | 28 March 1979 |
| Docket Number | No. 34397,34397 |
| Citation | 243 Ga. 397,254 S.E.2d 326 |
| Parties | BROWN v. MINTER. |
| Court | Georgia Supreme Court |
Ferrin Y. Mathews, City Atty., W. Roy Mays, III, Asst. City Atty., Thomas F. Cuffie, Atlanta, for appellant.
Hansell, Post, Brandon & Dorsey, David J. Bailey, Albert G. Norman, Jr., Atlanta, for appellee.
James G. Minter, Jr., an editor of the Atlanta Journal acting in his capacity as a private citizen, sought to inspect certain records representing completed investigations by the Internal Investigation Unit of the Atlanta Police Department. The Department denied him permission to do so and he brought this action for mandamus in the Superior Court of Fulton County under the Georgia Open Records Act (Ga.L.1959, p. 88, as amended), Code Ann. § 40-2701 et seq. After an evidentiary hearing, the trial court ordered the issuance of the mandamus. It found the records sought were identifiable public records and that Minter had shown he had a clear legal right to inspect them. The court also found the Department had, to a limited extent, carried its burden of showing certain information was prohibited under the exceptions permitted under the Act, i. e., disclosure of information regarding on-going investigations; the names of informants, and in exceptional and necessarily limited cases, the names of complainants. The trial court arrived at these decisions after hearing evidence and by applying the balancing test set forth by this court in Northside Realty Assoc. v. Community Relations Comm. &c. of Atlanta, 240 Ga. 432, 435, 241 S.E.2d 189 (1978). We affirm.
1. "In determining whether allowing the appellants to inspect these records would be in the public interest, the trial court must weigh factors militating in favor of inspection . . . against factors militating against inspection . . . In this regard, the court must weigh the benefits accruing to the government from non-disclosure against the harm which may result to the public if such records are not made available." Northside Realty, supra at 435, 241 S.E.2d at 191. Accord, Houston v. Rutledge, 237 Ga. 764, 766, 229 S.E.2d 624 (1976). We conclude the balancing test set out above was properly imposed and the restrictions against disclosure of certain information in this case appears reasonably tailored to protect the public interest and meet the objections of the Department. We find no error.
2. Appellant's contention that the burden of showing the commissioner had a legal duty to perform under this Act lies upon the plaintiff is incorrect. ". . . (I)f it is found that the appellants have made a request for identifiable public records within ...
To continue reading
Request your trial
-
Napper v. Georgia Television Co., WSB-TV
...or files of any information which would invade the constitutional, statutory or common-law rights of ... privacy. See Brown v. Minter, 243 Ga. 397 [254 S.E.2d 326 (1979) ]. 245 Ga. at p. 86, 263 S.E.2d "The right of privacy, protectable in tort, however, extends only to unnecessary public s......
-
Blalock v. Cartwright
...thus originated at a time when such relief was available. See Doe v. Sears , 245 Ga. 83, 263 S.E.2d 119 (1980) ; Brown v. Minter , 243 Ga. 397, 254 S.E.2d 326 (1979) ; Griffin-Spalding County Hosp. Auth. v. Radio Station WKEU , 240 Ga. 444, 241 S.E.2d 196 (1978). But now that a private righ......
-
Union Leader Corp. v. City of Nashua
...ex parte in camera review of records whose release may cause an invasion of privacy is plainly appropriate. See Brown v. Minter, 243 Ga. 397, 254 S.E.2d 326, 327 (decided under state open records act), cert. denied, 444 U.S. 844, 100 S.Ct. 88, 62 L.Ed.2d 57 (1979); cf. Dept. of Air Force v.......
-
SCAD v. School of Visual Arts, Inc.
...to inspection). 9. Unif. Sup.Ct. R. 21.2. 10. Unif. Sup.Ct. R. 21.1. 11. Long I, 258 Ga. at 414, 369 S.E.2d 755; cf. Brown v. Minter, 243 Ga. 397, 398, 254 S.E.2d 326 (1979) (burden is on public agency to explain why identifiable public records should not be furnished citizen requesting the......