Dutton v. Guste

• Decision Date: 02 March 1981
• Docket Number: No. 80-C-1560,80-C-1560
• Citation: 395 So.2d 683
• Parties: C. B. DUTTON v. William J. GUSTE, Jr.
• Court: Louisiana Supreme Court

Page 683

395 So.2d 683

C. B. DUTTON v. William J. GUSTE, Jr.

No. 80-C-1560.

Supreme Court of Louisiana.

March 2, 1981.

Dissenting Opinion March 27, 1981.

Frank M. Coates, Jr., Taylor, Porter, Brooks & Phillips, Baton Rouge, A. Justin Ourso, III, Stephen B. Lemann, Monroe & Lemann, New Orleans, Alan H. Goldstein, for plaintiff-applicant.

William J. Guste, Jr., Atty. Gen., Warren E. Mouledoux, First Asst. Atty. Gen., Bruce P. Anderson, Staff Atty., New Orleans, Robert E. Redmann, Asst. Atty. Gen., for defendant-respondent.

MARCUS, Justice.

C. B. Dutton, a resident of the State of Indiana, instituted this action against William J. Guste, Jr., Attorney General of the State of Louisiana, seeking the issuance of a writ of mandamus ordering production of all documents concerning a settlement of the claims between the State of Louisiana and/or the Louisiana Stadium and Exposition District (LSED) and a group of architects and engineers with respect to liability for the design or construction of the Louisiana Superdome. Plaintiff also sought attorney's fees.

The trial judge refused to order production of the documents, finding that the documents were exempt from the requirements of the Louisiana Public Records Law (La.R.S. 44:1-430). The court of appeal affirmed. ¹ On plaintiff's application, we granted certiorari to review the correctness of that judgment. ²

On July 15, 1978, Attorney General Guste called a press conference to announce the out-of-court settlement of state claims against a joint venture design team of architects and engineers (A/E) consisting of Curtis and Davis Associated Architects, Edward B. Silverstein and Associates, Sverdrup and Parcel and Associates, and the firm of Nolan, Norman and Nolan. These claims arose out of the design and construction of the Louisiana Superdome. Guste announced that the state had agreed to dismiss legal proceedings against the A/E group in consideration of the payment by said group to the state through their bonding companies (CNA Insurance Co. and Continental Casualty Co.) of the sum of 3.6 million dollars and the relinquishment of the group's rights to $679,000 withheld by the state in architectural fees, or a total settlement figure of about 4.2 million dollars. It was also announced that the A/E group had agreed to cooperate with the state in its pending litigation between LSED and the contractors of the building, Huber, Hunt and Nichols, Inc. and Blount Brothers, Inc. ³ On July 6, 1979, plaintiff requested by letter to the Attorney General copies of documents, including all escrow and settlement agreements and contracts, relating to the settlement between LSED and the A/E group announced by the Attorney General on July 15, 1978. Subsequently, the Attorney General's office denied the request. Plaintiff instituted this action.

La.Const. art. 12, § 3 (1974) provides in pertinent part: "No person shall be denied the right to ... examine public documents, except in cases established by law." A "public record" is defined by La.R.S. 44:1(A)(2) as follows:

All books, records, writings, accounts, letters and letter books, maps, drawings, photographs, cards, tapes, recordings, memoranda, and papers, and all copies, duplicates, photographs, including microfilm, or other reproductions thereof, or any other documentary materials, regardless of physical form or characteristics including information contained in electronic data processing equipment, having been used, being in use, or prepared, possessed, or retained for use in the conduct, transaction, or performance of any business, transaction, work, duty, or function which was conducted, transacted, or performed by or under the authority of the constitution or laws of this state, or by or under the authority of any ordinance, regulation mandate, or order of any public body or concerning the receipt or payment of any money received or paid by or under the authority of the constitution or the laws of this state, are "public records," except as otherwise provided in this Chapter or as otherwise specifically provided by law.

La.R.S. 44:31 provides that any person of the age of majority may inspect, copy or reproduce or obtain a reproduction of any public record, except as otherwise provided in this chapter or as otherwise specifically provided by law. Moreover, any person who has been denied the right to inspect or copy a public record may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages as provided for by this section. La.R.S. 44:35(A). Also, the burden is on the custodian to sustain his action and the court may view the documents in controversy in camera before reaching a decision. La.R.S. 44:35(B).

The Public Records Law itself described a number of documents which are exempt from disclosure, including the records involved in legislative investigations (La.R.S 44:2); records of prosecutive, investigative and law enforcement agencies (La.R.S. 44:3); tax returns and records relating to old age assistance, dependent children, liquidation proceedings, banks, insurance ratings, medical licensing, and mineral reserves (La.R.S. 44:4); records in custody of the governor (La.R.S. 44:5); and hospital records (La.R.S. 44:7). Another specific exception is provided under Title 44's General Provisions (see La.R.S. 44:31), Section 2 of Acts 1978, No. 686, which provides that the provisions of the Act do not apply to any writings or records that reflect the mental impressions, conclusions, opinions or theories of an attorney or an expert obtained or prepared in anticipation of litigation or in preparation for trial. There are other statutory exemptions "as otherwise specifically provided by law" which by their language exempt certain types of records from the Public Records Law. See generally La.R.S. 23:1660 (records of the Department of Employment Security); La.R.S. 17:391.4 (educational test scores); and La.R.S. 48:255.1 (information submitted to Department of Highways by contractors).

Louisiana courts have held that the Public Records Law must be liberally interpreted so as to extend rather than restrict access to public records by the public. Webb v. City of Shreveport, 371 So.2d 316 (La.App. 2d Cir. 1979); Bartels v. Roussel, 303 So.2d 833 (La.App. 1st Cir. 1974), writ denied, 307 So.2d 372 (La.1975).

The only issues presented for our determination are whether the documents in question are in fact "public records" and, if so, whether they are excepted from disclosure under the Public Records Law or as otherwise specifically provided by law.

After having viewed the documents in controversy in camera, we find: (1) an "Escrow Agreement" between the insurers of the A/E group, State of Louisiana, LSED and a named escrow agent; (2) a "Letter of Agreement" between the A/E group and LSED; (3) a "Complete Release of all Claims" executed by the State of Louisiana, LSED and the A/E group and their insurers; and (4) a partially-executed "Agreement of Release and Indemnity." Generally, these documents provide for a final settlement of all claims between the A/E group and the state conditioned on the execution of the "Agreement of Release and Indemnity" by third parties, the contractors, Huber, Hunt and Nichols, Inc. and Blount Brothers, Inc. While certain obligations contained in the settlement have been acted upon, other remain executory pending execution of the release by the contractors.

First, we conclude that the documents comprising the settlement agreement...