Narrative Opinion Summary
This case involves an appeal by the City contesting a summary judgment that required disclosure of information under the Texas Public Information Act (PIA) and the payment of attorney’s fees. The City argued that the information requested was protected by both the law-enforcement exception and the common-law physical-safety exception. The appellate court held that certain information indeed fell within the scope of the law-enforcement exception, allowing the City to withhold it. However, the court affirmed the lower court’s order to disclose 'basic information' about a crime, as required by PIA. The Attorney General’s determination was partially upheld, but the award of attorney’s fees was reversed and remanded for further evaluation. The City’s assertion of the physical-safety exception was unsupported by adequate evidence, and its reliance on the informer’s privilege was deemed irrelevant to the case’s facts. The court’s ruling underscores the balance between transparency in public information and protecting sensitive law enforcement records.
Legal Issues Addressed
Attorney’s Fees under Texas Public Information Actsubscribe to see similar legal issues
Application: The award of attorney’s fees to the Attorney General was reversed due to the change in prevailing party status following the appellate court's decision.
Reasoning: Consequently, the award of attorney’s fees was also reversed, and the matter was remanded for further proceedings.
Basic Information Disclosure under PIAsubscribe to see similar legal issues
Application: Despite the law-enforcement exception, the court ruled that basic information about an arrest or crime must be disclosed, as it constitutes 'basic information' according to the statute.
Reasoning: Section 552.108(c) stipulates that basic information about an arrested person, an arrest, or a crime must still be disclosed under Section 552.021.
Common-Law Physical-Safety Exceptionsubscribe to see similar legal issues
Application: The City failed to demonstrate that disclosing specific information would substantially threaten physical harm, as required to invoke the physical-safety exception.
Reasoning: The City did not demonstrate a fact issue related to the physical-safety exception in this context.
Texas Public Information Act (PIA) Section 552.108 - Law Enforcement Exceptionsubscribe to see similar legal issues
Application: The City successfully argued that certain information related to police activity is protected under the law-enforcement exception, allowing for nondisclosure of internal records that relate to investigations which did not lead to a conviction.
Reasoning: The court found that substantial portions of the requested information are indeed protected under the law-enforcement exception, leading to a reversal of the district court’s judgment to the extent of those portions, allowing the City to withhold that information.