Upham v. Forster

The court has jurisdiction to enjoin public bodies from withholding records and order the production of improperly withheld documents, withholding means to retain and keep in one’s possession and control. Merely receiving the records after a lawsuit has been filed is not enough to “prevail,” Plaintiff did not revive a favorable judgment.

In this consolidated appeal of two cases, Defendant, Lake County District Attorney, argued against the requests made by Plaintiff for certain records. In the first case, Plaintiff argued that the trial court should have “required defendant to ‘go get the records’” from the sheriff’s office. Defendant did not have control over the documents as they have been destroyed prior to the request. In the second case, Defendant produced records Plaintiff requested pending litigation but before Defendant filed her answer. The trial court dismissed Plaintiff’s second case as moot because he received the records requested. Plaintiff is seeking attorney fees on appeal. The court has jurisdiction to enjoin public bodies from withholding records and order the production of improperly withheld documents, withholding means to retain and keep in one’s possession and control. Merely receiving the records after a lawsuit has been filed is not enough to “prevail,” Plaintiff did not revive a favorable judgment. The Court held that because both Plaintiffs' suits were filed after the request was sent and it contained no production deadline, no evidence required the lower court to accept the Plaintiffs' arguments. Affirmed on both cases.