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Theresa Richard,
Plaintiff,

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vs.

Keith Stutes, in his official

capacity, 15th Judicial District
Attorney
Defendant

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15TH JUDICIAL COURT

PARISH OF ACADIA
STATE OF LOUISIANA
DOCKET NO.:
Case No.:
Petition For Writ Of Mandamus

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PETITION FOR WRIT OF MANDAMUS

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NOW INTO COURT, comes the Plaintiff herein, Theresa Richard, who files

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this Petition for Writ of Mandamus and who, with respect to the same, does

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hereby allege, aver, depose, attest, state, and claim as follows, to-wit:

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Made Defendant / Respondent herein is Keith Stutes, In his capacity as

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Louisiana 15th Judicial District Attorney, an individual/entity, alleged upon

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information to be a public corporation and embodiment, an individual/entity

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which is properly issued service of process by, at, and upon Keith Stutes,

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Louisiana 15th Judicial District Attorney, who is properly issued service of

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process by, at, and upon the address 500 North Parkerson Ave., Crowley, LA 70502

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(Plaintiff), did make a public records request via email to

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Keith Stutes, 15th Judicial District Attorney, for The case

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file regarding the officer involved shooting of Jaris Andrus

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(EXHIBIT A)
Plaintiff did request the documents be provided in digital
format so that I may make my own copies using my computer and

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On May 26, 2016, Plaintiff/Petitioner, Theresa Richard

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my camera and a portable scanner

Defendant responded to the public records request on May 27th,
2016 and advised plaintiff to Please contact Office Manager,

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Karen Perry, at 337-388-8831 to make arrangements to review

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said documents.
Defendant also advised, in his response to the record request,
If you are interested in obtaining a copy of the
investigative file, it consists of one hundred and ninety-two
(192) pages at fifty (.50) cents per page for a total of
$96.00, and three DVDs which can be reproduced for the cost

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of $20.00 per DVD.

Plaintiff contacted Office Manager Karen Perry on May 27, 2016
to reiterate her desire to exercise her right to make a copy
the record.

Petition For Writ Of Mandamus - 1

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2016, Perry advised Plaintiff that copying the record was

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access to inspect and copy public records. (EXHIBIT C)

Defendant responded to Plaintiff and advised If you wish to
make your own copies of the requested pubic records by your

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own means (not otherwise prohibited) and are able to do so

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$156.
Plaintiff contacted the Defendant by email on June 2, 2016 in
an attempt to clarify Defendants reason for the denial of

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forbidden.
Ms. Perry also advised that she would not allow Defendant
access to the record without paying the quoted fee for copies,

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Upon speaking to Karen Perry by telephone on or about June 2,

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during the examination, you may.

On June 3, 2016 Plaintiff received an email from Office

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Manager Karen Perry advising After speaking with the security

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guards about policy regarding laptop computers being brought

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into the courthouse, they said that they thought it is an

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inappropriate object because it has a camera on it.

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cameras brought into the courthouse we spoke with Judge John

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Trahan and he said that any electronic device with recording

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capabilities, whether still photo or video, is PROHIBITED from

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being brought into the courthouse.

Karen Perry also advised that the Judge would allow Plaintiff
to bring in a portable copy machine to make copies as an

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(EXHIBIT E)
Karen Perry also advised To get clarification regarding

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exception to the judges order.

Plaintiff contacted Office Manager Karen Perry by email on
June 2, 2016 in an attempt to clarify Defendants reason for

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the denial of access to inspect and copy public records and

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inquire if other arrangements could me made to allow Plaintiff

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access to inspect and copy public records in the possession of

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the Defendant.(EXHIBIT F)
Plaintiff received an email from Defendant on June 6, 2106,
which advised, As I indicated to you previously, though not
required nor do you have a right to make copies, I will extend
a courtesy to you to allow the production of the public

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records you request. (:EXHIBIT G)

Defendant also advised there exists Security Guidelines
issued by the District Court...which addresses specifically
cameras, cellphones with recording capability which may be
deemed inappropriate for entry into the courthouse

Petition For Writ Of Mandamus - 2

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The failure on the part of the Defendant to make public

records in his possession available to Plaintiff for

inspection and copying.

broaden the right to examine public records to include

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than five days from May 26 requested date by failing to make

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the records in a location that does not ban the use of a

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laptop computer, digital scanner or cell phone camera.

A writ of mandamus is appropriate in the premises to compel
Keith Stutes to abide by his statutory duty as custodian and

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produce the records for inspection and copying made subject to

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Plaintiffs request:

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It is now settled to a point where it is

no longer disputed that mandamus will lie to compel a public

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officer to perform a plain duty that is made ministerial Keith

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Stutes, in his official capacity, by statute. State ex rel.

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Richardson v. Board of Trustees, Teachers Retirement system,

Plaintiffs correspondence to Defendant, specifically makes a
public record request (La. R.S. 44:1, et seq.) for the

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entire case file regarding the officer involved shooting of

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the record available for inspection.

This production is materially deficient where the defendant
has made no arrangement to allow plaintiff to inspect and copy

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(La R.S. 44:31)

This production is materially deficient and lacking, where the
Defendant has delayed the inspection of said records for more

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This production is materially deficient and lacking, where

the denial of the right of citizens to copy public records.

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copying, reproducing, and obtaining a reproduction.

there is no exemption in the Louisiana Public Records law for

LSA-R.S. 44:31 specifically

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Jaris Andrus.
Accordingly, and since the case associated with the record has
been criminally adjudicated and all charges against the
officer were refused for prosecution, the records requested

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are subject to production.

In response to Petitioners request for full and complete
production, Keith Stutes, in his official capacity, has
refused to provide the Defendant access to inspect and copy

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public records in his possession.

Although the response to the public records request cites the
prohibition of digital recording devises in the Acadia Parish
Courthouse, no statutory exemption exists to deny this right.

Petition For Writ Of Mandamus - 3

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Further, Defendant has made no arrangements to allow plaintiff

to inspect and copy the records at another location, to wave

the $154 charge for copies, or to provide Plaintiff with the

use of digital equipment to make copies of the record. The

burden of providing that a pubic record is not subject to

inspection, copying, or reproduction shall rest with the

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proving the records, or the copying of the records, falls into

an enumerated exception to other wise mandatory disclosure,

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office of a custodian and his employees. La. R.S. 44:31(A)

Further, it is well established that the custodian shall
present any public record to any person of the age of majority

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where Defendant claims the case has been adjudicated.

It is a well settled that providing access to public records
is a responsibility and duty of the appointive or elective

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custodian La. R.S. 33:31(B)(3).

Stated otherwise, Defendant does not satisfy his burden of

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who so requests. La. R.S. 44:32(A)

The foregoing principles are statutory enactments of the

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fundamental right to access public records as set forth in La.

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Const. Art. 12, Sec.3: no person shall be denied the right to

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observe the deliberations of pubic bodies and examine public

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44:35, the burden of justification for withholding records is

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on the custodian. St. Tammany Parish Coroner v. Doe, 2010-

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documents, except in cases established by law.

Further, as provided in La. R.S. 44:31(B)(3) and La. R.S.

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0946,p.*5 (LaApp. 1 cir. 10/29/10). 48 So.3d 1241, 1245

The Louisiana Supreme Court instructs us that the provisions

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of the Constitution and the statutes must be liberally

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construed in favor of free and unrestricted access, and any

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doubt must be resolved in favor of the right of access. Title

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Research Corp. v.Rausch, 450 So.2d 933, 936-37(La 1984)

A writ of mandamus may be issued in all cases where the law
provides no relief by ordinary means or where the delay
involved in obtaining ordinary relief may cause injustice

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La.C.C.P. Art. 3862

A writ of mandamus may be directed to a public officer to
compel the performance of a ministerial duty required by law

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La C.C.P. Art. 3863

In a circumstance where the Defendant fails to make the
necessary inquires which are requisite to denying access, a
writ of mandamus is appropriate to order the defendant to
provide the information sought by the requesting party

Petition For Writ Of Mandamus - 4

precisely as was ordered by our First Circuit Court of Appeal.

Hilliard v. Litchfield, 2001-1987, p. *4 (La.App. 1 Cir.

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access to public records may be denied only when the law

specifically and unequivocally denies access.

246, 248, citing La. Const. Art. 12, Sec. 3 and State v. Mart,

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documents except in cases established by law

Generally, all records, writings, recordings, tapes,
reproductions, and electrical data used, prepared for use,

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possessed, or retained by any instrumentality of state,

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parish, or municipal government are public records, except

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as otherwise provided specifically by law. La. R.S.44:1(1),

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(2); Cormier v. Public Records Request of Di Giulino, 553,

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So.2d 806, 806 (La. 1989);Marler v. 22nd Judiciaal District

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Court, Parish of Washington, 93-294 (La.App. 1 Cir. 11/10/94),

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96-154, p. *6(La.App. 1st Cir.6/20/97), 697 So.2d 1055, 1059.

Article 12, Sec. 3 of the Louisiana Constitution provides that
no person shall be denied the rightto examine pubic

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Johnson v.

Salder, 97-0584, p. *3(La.App.1st cir. 12/28/98), 754 So.2d

6/21/02), 822 So.2d 743, 746.

Because the right of access to public records is fundamental,

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645 So.2d 821,822.

In this case, the Plaintiff/Petitioner is a person under La.

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R.S. 44:32(A), and she has presented a request for public

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records that have been denied in significant part.

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See

Exhibits ?????
For this reason, and in accordance with prevailing law,
Plaintiff/Petitioner, Theresa Richard, is entitled to a writ
of mandamus ordering 15th Judicial District Attorney Keith
Stutes to provide Plaintiff access to the records made subject
of the earlier request.

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WHEREFORE, in consideration of the above and foregoing Petition for Writ
of Mandamus, together with the facts as stated herein, the exhibits appended
hereunto, and the law and equities applicable in the premises,
Plaintiff/Petitioner, Theresa Richard, respectfully move this Honorable Court
to grant her Petition and thereafter order Defendant, Keith Stutes, In His
Capacity as 15th Judicial District Attorney, to provide Plaintiff with access
to inspect and copy the public records made subject of the earlier request;
and, Plaintiff/Petitioner further pray for this Honorable Court to order the
issuance of an alternative writ directing the defendant to perform the act

Petition For Writ Of Mandamus - 5

demanded or to show cause to the contrary, all in accordance with law.

Plaintiff/Petitioner finally pray for any and all equitable relief as is

available in the premises, all costs of these proceedings, as are appropriate

and just, all penalties if any, and all such other various and sundry relief

to which the Plaintiff/Petitioner is entitled.

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Respectfully submitted on this _____ day of _________, 2016

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Theresa Richard (petitioner)

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Respectfully submitted:

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Theresa Richard
1005 East 7th Street
Crowley, La. 70526

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Please serve Defendant

District Attorney Keith Stutes

500 North Parkerson Avenue
Crowley, Louisiana 70526

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Petition For Writ Of Mandamus - 6