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State ex rel. Truvia v. Housing Authority

Citations: 551 So. 2d 1318; 1989 La. LEXIS 2631Docket: No. 89-KH-1659

Court: Supreme Court of Louisiana; November 9, 1989; Louisiana; State Supreme Court

Narrative Opinion Summary

Earl K. Truvia, the plaintiff, applied for a writ of mandamus to compel action regarding access to records from the Housing Authority. The request was submitted to the Criminal District Court, Division B, in the Parish of Orleans, but was denied. The court indicated that if Truvia's request to the custodian of the Housing Authority records was denied or went unanswered, he must pursue the civil procedure outlined in Louisiana Revised Statutes § 44:35 to enforce his right to inspect or copy the requested public records.

Legal Issues Addressed

Access to Public Records under Louisiana Revised Statutes § 44:35

Application: The court clarified the procedure required when a request for public records is denied or unanswered, directing the plaintiff to follow the statutory civil procedure to enforce his rights.

Reasoning: The court indicated that if Truvia's request to the custodian of the Housing Authority records was denied or went unanswered, he must pursue the civil procedure outlined in Louisiana Revised Statutes § 44:35 to enforce his right to inspect or copy the requested public records.

Writ of Mandamus in Access to Records Cases

Application: The plaintiff's application for a writ of mandamus was denied because the appropriate statutory procedure for accessing public records had not been exhausted.

Reasoning: Earl K. Truvia, the plaintiff, applied for a writ of mandamus to compel action regarding access to records from the Housing Authority. The request was submitted to the Criminal District Court, Division B, in the Parish of Orleans, but was denied.