Records Access Case Law
Utah District Court

 

Prison Legal news v. Kim Chesire

Authenticity of the copies provided through the GRAMA request process in which copies were received and obtained.

Court Ruling

 

 

John Doe v. Mark Shurtleff

This case is a challenge to portions of Utah's sex offender registry statute. The Plaintiff, Mr. Doe, was convicted of sexual offenses in the United States military court system in 2005. He served his sentence and was released without being placed on parole or supervised release. Utah requires sex offenders to register with the Utah Department of Corrections. On May 12, 2009, Utah Legislature amendments to the Registry Statute became effective. The amendments included the Registry Statute and the GRAMA, Utah Code Ann. 63G-2-302, which governs privacy of records.

Court Ruling

Tenth Circuit Case No. 09-4162,

 

Douglas Stewart Carter v. Steven Turley

The Office of the Medical Examiner seeks to quash a subpoena issued by counsel for Petitioner, seeking records pertaining to Petitioner and the victim. The Office of the Medical Examiner argues that the Utah Medical Examiner Act and GRAMA prevent it from producing the documents requests by Petitioner’s counsel.

Court Ruling

 

 

Patricia Ann Dimmitt v. Utah Transit Authority

Plaintiff alleges that the Defendant terminated her retaliation for her exercise of rights protected under the Civil Rights Act of 1964. The Plaintiff sought materials that UTA objected and identified as privileged under GRAMA.

Court Ruling

 

P.J., a minor v. State of Utah; Intermountain Health Care, Inc.

Plaintiffs served a subpoena on Cincinnati Children’s Hospital seeking all documents related to Dr. Wagner’s application for a position at the hospital. Cincinnati Children’s Hospital has apparently produced the records without objection prior to the filing of this motion to quash. Plaintiffs have reviewed the documents and do not oppose the motion to quash with respect to those documents.

Court Ruling

 

 

Reginald Williams v. Michael R. Sibbett

The Plaintiff claims were ambiguous according the court but he argued the Utah Boar of Pardons and Parole’s violated his rights on religious and race.  He also claimed the Defendants violated his First Amendment rights to freedom of speech and to petition the government for a redress of grievances by denying or otherwise interfering with his records request. The Court granted the Defendants’ motion to dismiss and the case was closed. D. Utah Mar 25, 2011.

SRC Decision Case No. 07-03.

Court Ruling

 

 

Elizabeth Wood v. Farmington City, Utah

The Plaintiffs sent a GRAMA request to the UAG. The Plaintiffs received a letter denying their GRAMA request because  the records were classified protected under Utah Code 63G-2-305(9). The Plaintiffs filed a complaint in state court for judicial review of the UAG’s denial for the GRAMA request.

Court Ruling

 

 

Kathleen Johns v. U.S. Child Support Recovery

This case addresses any state record of Plaintiffs delinquent child support payments does not qualify as an open public record for two reasons. First, Defendants’ have presented no evidence that the state actually keeps a record of Plaintiff’s delinquent child support payments. Second, even assuming that these delinquent payments are records, the Utah GRAMA Act prohibits their disclosure to the general public. Utah Code 63-2-302(2)(b). The court ruled the Defendants are not entitled to a public record defense.961 F. Supp. 1518 (1997).

Court Ruling

 

 

Jeffrey B. Lawrence v. Clayton Bell, Emery County, Shawn Alton & Gary Riches

This case is unavailable in full format, however it can be searched on the Salt Lake Tribune archives. Carlisle, N. & Neugebauer, C. (2012, November 20). Utah Highway Patrol discipline problems go beyond Lisa Steed. The Salt Lake Tribune. Retrieved from http://www.sltrib.com.

Mr. Lawrence in an appeal hearing before the State Records Committee seeking denial of his request for records regarding a Department of Public Safety (DPS) investigation of his complaint filed against a Utah Highway Patrol trooper in 2011.

The Committee denied Mr. Lawrence access and he appealed to the District Court. The District Court reversed the Committee’s decision and ruled in Mr. Lawrence’s favor. (3rd District Court).

SRC Case No. 12-22. SRC Ruling overturned.

Court Ruling

 

 

Daniel V. Schroeder v. Utah Attorney General’s Office, and the Utah Sate Records Committee

The Utah Supreme Court ruled that bank records obtained via a valid subpoena, as part of a criminal investigation, are not exempted from disclosure by article 1, section 14 of the Utah Constitution. Because the State did not argue that the bank records were exempt from disclosure under any specific provision of GRAMA, the Court ordered that they be disclosed, after redaction of any nonpublic information. The Supreme Court also ruled that certain other criminal investigation records were properly classified as attorney work product, but ordered the disclosure of these records under the balancing provision of Utah Code 63G-2-404(7) (2011), because the District Court had improperly weighed only general policy concerns and not the application of those concerns to the particular records in question. The Supreme Court found that the public's right to know about potential public corruption outweighed the State's work product protection interest in the case of an investigation that had been closed years ago.

SRC Case No. 11-12. SRC Ruling partly upheld and partly overturned.

 

 

Morgan Fife v. State Records Committee, and Orem City

The Judge ruled any person who provides to a government entity a record that the person believes should be protected under Subsection 63G-2-305(1) or (2)...shall provide with the records:

  • (A) a written claim of business confidentiality, and
  • (B) a concise statement of reasons supporting the claim of business confidentiality.

SRC Case No. 13-14. SRC Ruling overturned.

 

 

Chad Lambourne v. Provo City

The Petitioner appealed the following Committee’s order (Case No. 16-03) on the grounds that the records should have been released at the time of the GRAMA request. The City’s argument that the appeal to the State Records Committee was untimely and therefore the Committee did not have jurisdiction to hear the appeal was ruled in favor. The appeal was dismissed.

Summons

Court Ruling

 

Ramon A. Somoza v. State Records Committee, and Utah County

The Petitioner appealed the Committee's decision to decline a hearing because the notice of appeal was filed untimely to the executive secretary. The court found that the appeal to the Committee was untimely and therefore, the case could be dismissed for the court because it lacked jurisdiction.

 

Roger Bryner v. City of Clearfield, and State Records Committee

The Petitioner appealed the following Committee's order (Case No. 15-27) based on fee waiver denial and access to records. The court upheld the Committee's decision on the fee waiver and that no other records exist.

 

Edgardo Mata v. Utah Department of Corrections, and State Records Committee
The Petitioner appealed the Committee's decision (Case No. 16-17) that it found that UDC properly classified Mr. Mata's STG File as "protected" and, therefore, denied his appeal. The Court found that UDC properly classified Mr. Mata's STG File as protected and upheld the Committee's decision.

 

Page Last Updated November 30, 2017 .