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Evans v. Georgia Bureau of Investigation

The Open Records Act's exemption for pending investigations removed from mandatory disclosure the materials the mandamus petitioner requested related to his arrest.

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Christopher A. Evans appeals from the order of the Superior Court of DeKalb County denying his petition for a writ of mandamus. For the reasons that follow, we affirm.

Evans served as Director of Operations for the Georgia Electronic Design Center at the Georgia Institute of Technology. On September 24, 2010, the Georgia Bureau of Investigation “GBI” obtained two arrest warrants for Evans, based on allegations that he was part of a racketeering enterprise; arrest warrants were also obtained for two other persons as part of the same suspected racketeering activity. The investigation of the alleged racketeering enterprise, and all three of the persons suspected to be involved, treated the alleged activity as a single undertaking; one case number was assigned to the combined investigation of Evans and the other two individuals, and one investigatory file maintained. On January 19, 2012, the two arrest warrants against Evans were dismissed, and no indictment had been sought against him as of the time his petition for a writ of mandamus was denied.

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