Huff v. Brown

Summary

The Nebraska Supreme Court reviewed a writ of mandamus concerning a public-records request made to the Furnas County sheriff. The court held that substitution of the current sheriff for the former sheriff was proper because the duty to provide records follows the office, but concluded that the requester failed to establish a clear duty to provide records for which he had not timely responded to a fee-deposit request. The court affirmed in part and reversed and remanded in part.

Holdings

1. A public-records mandamus action directed to the office of a records custodian does not abate when the individual holding that office changes; the successor may be substituted as the defendant.
2. A requester seeking mandamus under Neb. Rev. Stat. § 84-712.03 must show that the requester is entitled to examine the records, that the requested documents are public records, and that access was denied; in the general mandamus context, the requester must also show a clear right to relief and a corresponding clear duty by the respondent.
3. When a custodian estimates that requested copies will cost more than $50 and requires a deposit, the requester must respond within 10 business days by proceeding with the request, negotiating to narrow or simplify it, or withdrawing it; absent such a response, the custodian has no continuing duty to fulfill the request.
4. A public-records custodian has a clear duty to provide only records of which that office or person is the custodian; the custodian is not required to obtain records maintained by another governmental office merely because the records may be relevant or because the other office might provide them upon request.

Questions Presented

1. Whether the district court properly substituted current Sheriff Doug Brown for former Sheriff Kurt Kapperman.
2. Whether Huff established the elements necessary for a writ of mandamus under Nebraska's public-records statutes.
3. Whether Huff's failure to respond within 10 business days to the custodian's estimated copying cost relieved the sheriff of a duty to provide the requested jail records.
4. Whether a public-records custodian has a duty to obtain records held by another governmental custodian or to investigate and identify other custodians when the requested records are not in the custodian's possession.

Disposition

reversed_and_remanded