A government agency is subject to open records laws.
Alex Friedman of Prison Legal News sued CCA for not
satisfying an open records request.
CCA lost in local court, then lost again on first appeal.
On a second appeal, CCA lost even more abruptly.
Knoxville News editorial of 14 March 2010,
Chalk two up for open government
CAA[sic] maintained it wasn’t the functional equivalent of a government
agency, but the Appeals Court rejected that claim and the Supreme
Court refused even to hear it.
“With all due respect to CAA[sic],” Appeals Court Judge D. Michael Swiney
wrote in his opinion on Friedman’s case, “this Court is at a loss as
to how operating a state prison could be considered anything less
than a governmental function.”
So eventually CCA will have to surrender at least some of the records,
although there is still haggling in court over which exceptions CCA can use
for which records.
(And there’s always the old “we didn’t keep them that long” trick.)
The Tennessee Supreme Court had already ruled about government contractors:
“When a private entity’s relationship with the government is so extensive
that the entity serves as the functional equivalent of a governmental
agency, the accountability created by public oversight should be
preserved.”
I wonder if Georgia will accept a Tennessee precedent?
-jsq