STATE OF LOUISIANA DR. BARBARA FERGUSON AND CHARLES J. HATFIELD VS. LOUISIANA DEPARTMENT OF EDUCATION

Similar documents
ETHAN BROWN NO CA-1679 VERSUS COURT OF APPEAL

TWELFTH JUDICIAL DISTRICT COURT PARISH OF AVOYELLES STATE OF LOUISIANA. Versus. State of Louisiana MOTION FOR EXPUNGEMENT OF MISDEMEANOR RECORD

SUPREME COURT STATE OF LOUISIANA NO. CIVIL PROCEEDING

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

No. 49,116-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * * * * * * * By: C. A. Martin, III * * * * *

FIFTH CIRCUIT COURT OF APPEAL STATE OF LOUISIANA 2018 CA 274 THE CENTER FOR CONSTITUTIONAL RIGHTS PLAINTIFF / APPELLANT VS.

Judgment Rendered May Appealed from the

Nos. 48,179-CA 48,403-CA. (Consolidated Cases) COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * * * * * * *

For Preview Only - Please Do Not Copy

MOTION TO SET ASIDE CONVICTION AND DISMISS PROSECUTION

IN THE UNITED STATES COURT OF APPEALS FOR THE FEDERAL CIRCUIT DEFEENDANT-APPELLEE S UNOPPOSED MOTION FOR AN EXTENSION OF TIME

EXPUNGEMENT INSTRUCTIONS [La. Code of Criminal Procedure Article 983 et seq, Eff. August 1, 2014]

19TH JUDICIAL DISTRICT COURT EXCEPTION OF PRESCRIPTION AND, ALTERNATIVELY, EXCEPTION OF NO CAUSE OF ACTION

Honorable Trudy M White Judge Presiding

IN THE CIRCUIT COURT FOR CALVERT COUNTY, MARYLAND

EXPUNGEMENT AND SEALING OF JUVENILE RECORDS LA.CH.C. Art. 901 and 903 INFORMATION SHEET

The Motion asks the Court to do something in a case that already exists.

IN THE UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA ERNEST TAYLOR CIVIL ACTION THE CITY OF BATON ROUGE, ET AL. NO.

(NAME) : STATE OF LOUISIANA FILED: : DEPUTY CLERK OF COURT MOTION FOR EXPUNGEMENT. NOW INTO COURT, comes (NAME), who

DISTRICT COURT, PUEBLO COUNTY STATE OF COLORADO Court Address: 320 West 10th Street Pueblo, Colorado 81003

NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA. v. Division

RULE TO SHOW CAUSE. CONSIDERING THE FOREGOING Motion for Summary Judgment filed by

SUPREME COURT OF LOUISIANA STATE OF LOUISIANA DOCKET NO

Custody AFFIDAVITS AND SCHOOL ENROLLMENT

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

JttJ 57AJJ I MCCI 7. Appealed. Joseph G Jevic III. Nykeba R Walker Shone T Pierre NOT DESIGNATED FOR PUBLICATION. Judgment Rendered MAR

Appealed from the Office of Workers Compensation Administration District 5 In and for the State of Louisiana Docket Number

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI NO KA STATE OF MISSISSIPPI

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT LAFAYETTE CITY MARSHAL BRIAN POPE **********

IN THE CIRCUIT COURT OF THE STATE OF OREGON FOR THE COUNTY OF [COUNTY NAME]

Honorable Janice Clark, Judge Presiding

HANS J. LILJEBERG JUDGE

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

VILLAGE OF OVID VILLAGE. Michigan Freedom of Information Act Procedures and Guidelines

CIVIL SUMMONS TO:, Defendant 1 ADDRESS:

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION NOTICE OF REMOVAL

ON APPEAL FROM THE FIRST PARISH COURT PARISH OF JEFFERSON, STATE OF LOUISIANA NO , DIVISION "A" HONORABLE REBECCA M. OLIVIER, JUDGE PRESIDING

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF LOUISIANA. Plaintiffs, Civil Action No

Case 3:16-cv DPJ-FKB Document 43 Filed 04/13/17 Page 1 of 2

SUPREME COURT OF LOUISIANA STATE OF LOUISIANA

PROCEDURE TO FILE AN EVICTION

AUGUST 24, 2016 STATE OF LOUISIANA NO KA-0104 VERSUS COURT OF APPEAL GREGORY J. GRANT, JR. FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

FREDERICKA HOMBERG WICKER JUDGE

NOT DESIGNATED FOR PUBLICATION

STEPHEN J. WINDHORST JUDGE

No. 46,914-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * Versus * * * * *

23RD JUDICIAL DISTRICT COURT FOR THE PARISH OF ASCENSION STATE OF LOUISIANA HENRYNNE LOUDEN, M.D. GEORGE ARMSTRONG AND LANA WILLIAMS VERSUS

EXPUNGEMENT PROCEDURES Act Effective August 1, 2014

WARDEN LYNN COOPER MS TONIA RACHAL

IN THE UNITED STATES COURT OF APPEALS FOR THE FIFTH CIRCUIT

UNITED STATES DISTRICT COURT CENTRAL DISTRICT OF CALIFORNIA ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

Fifth Circuit Court of Appeal

FILED: NEW YORK COUNTY CLERK 04/15/2014 INDEX NO /2013 NYSCEF DOC. NO. 27 RECEIVED NYSCEF: 04/15/2014

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

Case 6:12-cv Document 1 Filed 09/14/12 Page 1 of 11 PageID #: 1 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF LOUISIANA LAFAYETTE DIVISION

Justice Court Precinct 8 Judge Tom Gillam III Justice of the Peace JUSTICE COURT PROCEDURES SMALL CLAIMS

NINETEENTH JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA STATE OF LOUISIANA VERSUS

Case 2:13-cv NJB-DEK Document Filed 08/05/14 Page 1 of 6 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA

IN THE SUPREME COURT OF MISSISSIPPI CERTIFICATE OF INTERESTED PARTIES

IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF TEXAS DALLAS DIVISION. v. CIVIL ACTION NO.: Defendants. JURY TRIAL DEMANDED

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT **********

CIVIL SUMMONS TO:, Defendant 1 ADDRESS:

Docket Number: 1244 DAUPHIN COUNTY PROBATION OFFICE. Charles B. Zwally, Dauphin County Solicitor Guy P. Beneventano, Assistant Solicitor CLOSED VS.

CIVIL DISTRICT COURT FOR THE PARISH OF ORLEANS STATE OF LOUISIANA GOLF CLUB OF NEW ORLEANS, L.L.C. AND EASTOVER REALTY, INC.

Case 4:18-cv KGB Document 26 Filed 04/09/18 Page 1 of 5

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI HATTIESBURG DIVISION CIVIL ACTION NO.

NO CA-0232 RUSSELL KELLY D/B/A AFFORDABLE HOUSING CONTRACTORS, LLC COURT OF APPEAL VERSUS FOURTH CIRCUIT THOMAS H.

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

Case 5:10-cv C Document 1 Filed 07/28/10 Page 1 of 14 IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF OKLAHOMA

COMPLAINT NATURE OF THE ACTION PARTIES

IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI VIJAY PATEL INDIVIDUALLY AND AS ADMINISTRATOR AND WRONGFUL DEATH HEIR OF NATWAREL PATEL

STATE OF MICHIGAN CIRCUIT COURT FOR THE COUNTY OF MIDLAND

LegalFormsForTexas.Com

FREEDOM OF INFORMATION ACT

IN THE MAGISTRATE COURT OF LOWNDES COUNTY VALDOSTA, GEORGIA PROCEDURES FOR FILING GARNISHMENTS {For all garnishment filings on or after May 12, 2016}

NOTICE OF ELECTRONIC FILING

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********

PARISH OF BEAUREGARD STATE OF LOUISIANA FILED MOTION OF JUDGMENT OF ACQUITTAL AND FOR EXPUNGEMENT. NOW INTO COURT, COMES, who

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

If a response is filed, a hearing will be scheduled. Notification of the hearing date will be mailed to both parties.

Certificates of Rehabilitation in Fresno County Filing Instructions

The Court Refuses to Honor my Notice of Appeal! What do I do now!?! 1

19th JUDICIAL DISTRICT COURT PARISH OF EAST BATON ROUGE STATE OF LOUISIANA

IN THE COURT OF COMMON PLEAS, CLEARFIELD COUNTY, PENNSYLVANIA CIVIL DIVISION INSTRUCTIONS: PETITION FOR MODIFICATION OF A CUSTODY ORDER

NOT DESIGNATED FOR PUBLICATION STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********

STATE OF LOUISIANA NO KA-0944 VERSUS COURT OF APPEAL DAVID NYE FOURTH CIRCUIT STATE OF LOUISIANA * * * * * * *

Plaintiff. v. CRIMINAL ACTION

MARC E. JOHNSON JUDGE

Case 1:18-cv JLK Document 1 Entered on FLSD Docket 02/22/2018 Page 1 of 3 IN THE UNITED STATES DISTRICT COURT FOR SOUTHERN DISTRICT OF FLORIDA

Case: Document: 6 Filed: 11/03/2016 Pages: 6 UNITED STATES COURT OF APPEALS FOR THE SEVENTH CIRCUIT. No ) ) ) ) ) ) ) ) ) )

MAGISTRATE COURT OF HALL COUNTY, GEORGIA

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT

STATE OF LOUISIANA COURT OF APPEAL, THIRD CIRCUIT CA **********

Jon A. Gegenheimer JEFFERSON PARISH CLERK OF COURT

Case 3:13-cv JJB-SCR Document 27 09/20/13 Page 1 of 10 UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF LOUISIANA

WHEREAS, the Securities Division of the Office of the Attorney General of the State of

Request for Court Order and Answer. On (date): From (city):_~=, ~~, California. Clerk, by -_"'_"' ' Deputy

No. 44,034-CA COURT OF APPEAL SECOND CIRCUIT STATE OF LOUISIANA * * * * * versus * * * * *

Office Of The Clerk. State oflouisiana. www la fcca. ol 2. Notice of Judgment. June Stephen M Irving 111 Founders St Ste 700 Baton Rouge

ORANGE COUNTY REGISTRAR OF VOTERS 1300 S.GRAND AVENUE, BLDG. C SANTA ANA, CA (714)

Transcription:

19 th JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Docket No. 616,296 Division E, Section 23 DR. BARBARA FERGUSON AND CHARLES J. HATFIELD VS. LOUISIANA DEPARTMENT OF EDUCATION Filed: Deputy Clerk PLAINTIFFS MOTION FOR ATTORNEY FEES, COURT COSTS AND PENALTIES NOW INTO COURT come plaintiffs, Dr. Barbara Ferguson and Charles J. Hatfield, and on suggesting to the court that on September 19, 2014, the Louisiana First Circuit Court of Appeal reversed the judgment of the 19 th Judicial District Court, ruling that the documents requested by plaintiffs, Dr. Barbara Ferguson and Charles J. Hatfield, are public records. AND ON FURTHER SUGGESTING that the Court of Appeal ruled that the Louisiana Public Records Law does require the Defendant (Louisiana Department of Education) to release the documents. Plaintiffs therefore request this Honorable Court to order defendant Louisiana Department of Education to pay plaintiffs attorney fees and court costs, along with penalties in accordance with the Louisiana Public Records Law, La. R.S. 44:1 et seq. ORDER Considering the foregoing, the Louisiana Department of Education is ordered to show cause on the day of 2015 why it should not pay (1) attorney fees and court costs in the amount of $32,850 and (2) penalties in the amount of $68,400, which combined total $101,250. (Documentation is provided in the attached memorandum.) Baton Rouge, LA This day of 2015 Respectfully submitted: Judge Bar Roll No. 22776 PO Box 24878 New Orleans, LA 70184 (504) 450-9419

PLEASE SERVE: Louisiana Department of Education Through Counsel of Record: R. Christopher Fruge, Esq. Division of Administration 1201 N. Third St. Baton Rouge, LA 70802 Certificate of Service I hereby certify that a copy of this pleading was served on counsel for Louisiana Department of Education, R. Christopher Fruge, by regular mail, postage prepaid, on this 13 th day of August 2015.

19 th JUDICIAL DISTRICT COURT FOR THE PARISH OF EAST BATON ROUGE STATE OF LOUISIANA Docket No. 616296 Division E, Section 23 DR. BARBARA FERGUSON AND CHARLES J. HATFIELD VS. LOUISIANA DEPARTMENT OF EDUCATION Filed: Deputy Clerk PLAINTIFFS MEMORANDUM IN SUPPORT OF MOTION FOR ATTORNEY FEES, COURT COSTS AND PENALTIES MAY IT PLEASE THE COURT: Attorney Fees and Court Costs are governed by La. R.S.44:35(D), which states that if the defendant prevails in such suit, he shall be awarded reasonable attorney fees and other costs of litigation. (emphasis added) This lawsuit spanned three years. The litigation began on January 27, 2012, when the plaintiffs requested the documents. Following the Court of Appeal judgment and two additional requests by plaintiffs, the defendant released the documents on January 22, 2015. Plaintiffs request attorney fees and court costs in the amount of $32,850.00. The total amount has been determined as follows: 1. Trial Litigation: Attorney: Larry Samuel, Esq. $14,579 Court Costs: $1,748 2. Appeal Litigation: Attorney: Barbara Ferguson, Esq. $10,900 Court Costs $1,373 Ad Hoc Attorney: Ajubita Law Firm $4,250 Total $32,850 Attorney Information Larry Samuel, Esq., who has a long history in public education litigation, charged a very reasonable fee to plaintiffs, who sought documents to be used to research the effectiveness of public schools. Mr. Samuel s knowledge of school law is unsurpassed. His life s work has been primarily in the education area, where he is highly regarded as a skilled attorney. Plaintiffs, who are co-founders of an educational non-profit dedicated to at-risk children and youth, had very

limited funds. Only because Mr. Samuel s fees were so reasonable were plaintiffs financially able to pursue this cause. Dr. Barbara Ferguson s career was in the public schools, as teacher, principal and superintendent, and during that time she attended night law school and received a degree. Because the nonprofit had depleted its funds during the trial litigation, Dr. Ferguson continued the case through the appeal litigation. The amount requested for Dr. Ferguson s legal work is most reasonable as she represented herself and plaintiff Charles Hatfield during the appeal litigation, and the subsequent return to district court. The attorney firm of Ajubita, Leftwich and Salzer provided consultation during the appeal process, and a description of their work is attached. Please find attached itemization of attorney fees and court costs, along with affidavits. PENALTIES Penalties are governed by La. R.S. 44:35(E), which states that if the Court finds that the custodian unreasonably or arbitrarily failed to respond to the request as required by R.S. 44:32, it may award the requestor civil penalties not to exceed one hundred dollars per day, exclusive of Saturdays, Sundays, and legal public holidays for each such day of such failure to give notification. Further, La. R.S. 44:32 states that in any case in which a record is requested and a question is raised by the custodian of the record as to whether it is a public record, such custodian shall within three days, exclusive of Saturdays, Sundays, and legal public holidays, of the receipt of the request, in writing for such record, notify in writing the person making such request of his determination and the reasons therefor. On January 27, 2012, the plaintiffs issued a written request to the Defendant for the documents. The Defendant did not respond within the three day statutory limit. It took the filing of a lawsuit ten months later - on October 17, 2012 - to compel the Defendant to respond. The three day statutory response period is the measure used by Courts to determine whether or not to award penalties. The Courts surmise that if the custodian responded within three days, even if the response were not correct, the response at least demonstrated the good faith of the custodian to adhere to the law. However, in cases, such as the one at bar, where the custodian ignored the requestor, the Court finds such behavior to be capricious and unreasonable and awards penalties to the requestor.

Two cases are cited to document the use of the three day statutory period as the measure for determining penalties. In Innocence Project vs. New Orleans Police Department, (2013-CA- 0921, La. App. 4 th Circuit), the Fourth Circuit Court of Appeal upheld the District Court s decision to award penalties to the Innocence Project who prevailed in its lawsuit against the New Orleans Police Department for violation of the Louisiana Public Records Law. The Court found that the Police Department failed to respond to the public records request within three days, stating that the Police Department simply ignored the request. Thus, the Court found the Police Department s actions to be unreasonable and arbitrary, and upheld the District Court s award of penalties to the Innocence Project. In another case, Capital City Press vs. Louisiana State University System Board of Supervisors, (La. App. 1 st Circuit, 12/30/2014), the First Circuit Court of Appeal reversed the District Court s award of penalties to Capital City Press, holding that the Board of Supervisors did comply with the notification requirement of responding to Capital City Press within a three day period. This case is distinguishable from the case at bar wherein the defendant, the Department of Education, did not respond to plaintiffs within the three day statutory period. The defendant only responded when plaintiffs filed suit. Thus, plaintiffs pray for penalties to be assessed for the time period of January 27, 2012, when the documents were first requested, to January 22, 2015, when the documents were released. For this approximate three year period, plaintiffs request payment of one hundred dollars ($100) per day, exclusive of Saturdays, Sundays and legal public holidays, which is a total of 684 days, or an amount of $68,400. CONCLUSION Total Requested for Attorney Fees, Court Costs, and Penalties: $101,250. The Louisiana Public Records Law was enacted for the purpose of allowing members of the public to have access to records that are public. The legislature had stated its intent to make the production of records swift and economical, not costly and time-consuming. Defendant has made a mockery of this Louisiana Public Records Law. The defendant is a large state agency and the plaintiffs are a small nonprofit dedicated to serving at-risk children and youth. The plaintiffs, with their meager and limited resources, had to engage in this needless, costly and lengthy litigation to secure records. Their nonprofit entity has suffered during these three years of

laborious work to secure the records. Justice can only be served by requiring the defendant to pay penalties, along with attorney fees and costs. Thus, plaintiffs respectfully request the Court to award attorney fees and costs in the amount of $32,850 and penalties in the amount of $68,400, which total $101,250. Respectfully submitted, Bar Roll No. 22776 PO Box 24878 New Orleans, LA 70184 (504) 450-9419 CERTIFICATE OF SERVICE I hereby certify that a copy of this pleading was served on counsel for defendant by regular mail, postage prepaid, on this 29 th day of June, 2015.

ATTACHMENTS