Las Vegas Metropolitan Police Department v. Blackjack Bonding, Inc.

Summary

The Nevada Supreme Court held that inmate telephone call records generated by a private telecommunications provider under contract with a governmental detention facility were public records subject to disclosure under the Nevada Public Records Act. The court concluded that the records concerned the provision of a public service and were within the Las Vegas Metropolitan Police Department's legal control, and that redaction addressed privacy concerns. The court also held that Blackjack Bonding was a prevailing party entitled to reasonable attorney fees and costs, reversed the denial of those fees and costs, and remanded.

Holdings

1. The requested inmate telephone call-detail information was a public record because it related to the provision of a public service by a private entity on behalf of a governmental entity.
2. LVMPD had legal control over the requested records and was required to obtain and disclose them because CenturyLink's system could readily generate the information.
3. Blackjack was a prevailing requester entitled to recover reasonable attorney fees and costs under NRS 239.011, even though it was required to pay the agency's costs of producing the records.

Questions Presented

1. Whether inmate telephone call-detail records generated by a private provider under contract with a governmental entity are public records relating to the provision of a public service under the Nevada Public Records Act.
2. Whether the records were within LVMPD's legal custody or control and whether the Nevada Public Records Act required LVMPD to obtain and disclose readily compilable information from CenturyLink.
3. Whether privacy and production-burden concerns defeated disclosure under the balancing-of-competing-interests test.
4. Whether Blackjack was a prevailing requester entitled to reasonable attorney fees and costs under NRS 239.011 despite being required to pay the costs of producing the records.

Disposition

reversed_and_remanded