State Employees Ass'n of N.C., Inc. v. N.C. Dep't of State Treasurer, 364 N.C. 205

Summary

The Supreme Court of North Carolina held that a complaint seeking disclosure under the North Carolina Public Records Act sufficiently stated a claim to survive a Rule 12(b)(6) motion. The court concluded that the plaintiff adequately alleged a request for public records, a purpose of inspection and examination, and denial of access, and that possession was not an additional pleading element. The court reversed the Court of Appeals and remanded for further proceedings.

Holdings

1. The complaint sufficiently stated a prima facie Public Records Act claim and was not subject to dismissal under Rule 12(b)(6).
2. Possession of the requested records is not an element that must be pleaded under section 132-9(a); defendants may assert possession or custody under section 132-6(a) as a defense or in further proceedings.
3. An agency may not conclusively police its own compliance with a Public Records Act request and thereby obtain categorical dismissal before judicial review.

Questions Presented

1. Whether the complaint sufficiently alleged a claim under the North Carolina Public Records Act to survive a Rule 12(b)(6) motion.
2. Whether possession or custody of the requested records is an element that must be pleaded to state a Public Records Act claim.
3. Whether the State agency's own determination that it had reviewed and produced all responsive records justified dismissal before judicial review.

Disposition

reversed_and_remanded