What can I do if there is a violation?
Pursuant to LA RS 44:35, if an applicant has been denied the right to inspect a record by the custodian’s determination, or by the passage of five (5) days since the request, he may file a civil suit for mandamus, injunction, or declaratory relief and may receive attorney’s fees, costs of court, and damages if the suit is successful. The burden of proof is on the custodian to sustain his denial of access. Any non-compliance with an order of the court may be punished as contempt of court.
In addition, the Shreve Memorial Library provides an administrative appeals process. This option does not preclude your right to take legal action, but is simply another avenue available to ensure your request has been managed appropriately.

Section 37 provides that if a custodian or other person hinders a requestor attempting to inspect a public record, that individual shall be fined not less than $100 and not more than $1,000 for the first offense, and shall be put in jail for not less than one month nor more than six (6) months. Upon a second or subsequent conviction, the fine increases to not less than $250 up to $2,000 with a jail term from two to six months.

Title 14, Section 132 and 133, provides that whoever commits the crime of first degree injuring public records or filing false public records shall be imprisoned for not more than five (5) years with or without hard labor or shall be fined not more than $5,000. The crime of second degree injuring public records carries an imprisonment term of not more than one (1) year with or without hard labor and/or fines not to exceed $1,000.

Show All Answers

1. What are public records?
2. Is there a constitutional right to view public records?
3. Who is responsible for making public records available to the public?
4. How long must records be kept?
5. Is there information of public bodies that cannot be accessed by the public?
6. What about privacy concerns?
7. Are there limitations on who may examine the records?
8. What information will I be required to give in order to gain access to the public records?
9. Why must I include contact information when submitting a Public Records Request?
10. What information should I include in the description of requested records?
11. When can I inspect the documents?
12. How much does it cost?
13. What if the record contains both public and private information?
14. What can I do if there is a violation?
15. What are my rights?