Millar v. Fayette County Sheriff's Dep't

In this action based on Georgia’s Open Records Act, OCGA § 50-18-70 et seq., Bruce R. Millar appeals the trial court’s denial of his request for an injunction against the Fayette County Sheriff’s Department and Fayette County which would require them to turn over certain public records to him. Because the record shows that 1 the defendants have previously offered to give Millar the records, thereby mooting his claim, and 2 Millar’s motion for equitable relief was premature, we affirm the trial court.

1. The record shows that Millar is an attorney who represents Ricky Charles Ward in a civil rights case against the Fayette County Sheriff’s Department and Fayette County regarding Ward’s allegedly inappropriate arrest. Shortly after this case was filed in federal court and prior to discovery therein, Millar wrote directly to the defendants without contacting their attorney and requested numerous documents, including documents directly relating to Ward’s federal action. Although the defendants agree that the requested documents are public records, they initially refused to produce them on the basis that Millar could request them through discovery in his federal case. Millar then filed a complaint against the defendants, asking the court to force production of the documents pursuant to an injunction.