questions & answers

Question: I need to file a motion to compel disclosure from the Pima county sheriffs dept. they are refusing to provide me with records that are public, regarding my own case, and held at the dept. I think this has to be a special action motion. If the case was in Superior Court, never appealed, where do I file the Special Action, can I use the civil courts to do this ? I am seeking damages based on public records law, does that limit me to superior court only?

Answer: If you have an existing case going on, you can ask that judge to compel production. If not, your remedy is a special action in the Pima County Superior Court requesting that PCSO disclose the records. Here is the relevant statute: 39-121.02. Action on denial of access; costs and attorney fees; damages A. Any person who has requested to examine or copy public records pursuant to this article, and who has been denied access to or the right to copy such records, may appeal the denial through a special action in the superior court, pursuant to the rules of procedure for special actions against the officer or public body. B. The court may award attorney fees and other legal costs that are reasonably incurred in any action under this article if the person seeking public records has substantially prevailed. Nothing in this subsection shall limit the rights of any party to recover attorney fees, expenses and double damages pursuant to section 12-349. C. Any person who is wrongfully denied access to public records pursuant to this article has a cause of action against the officer or public body for any damages resulting from the denial.