Professional Documents
Culture Documents
2/25/2016 2:17:07 PM
Velva L. Price
District Clerk
Travis County
D-1-GN-16-000820
Ruben Tamez
53RD
_____ JUDICIAL DISTRICT
the suits subject matter and cause number (which has yet to be assigned); the court in which the
action has been filed, his right to intervene or not to participate; the party against whom the
lawsuit has been filed (the Attorney General); and the address and phone number of the Office of
the Attorney General as listed on its website.
III. JURISDICTION AND VENUE
This Court has jurisdiction under Article 5, 8 of the Texas Constitution and Texas
Government Code 24.007-24.008, 24.011, 552.324, and 552.353(b)(3).
IV. FACTUAL AND PROCEDURAL BACKGROUND
1.
The requestor, Avi Selk, made a request for information to Irving ISD. One of
Mr. Selks requests is the subject of this appeal under the PIA.
552.324, 552.353(b)(3). In this PIA request, Mr. Selk sought [a] copy of the inquiry from
the U.S. Department of Justice (DOJ) pertaining to CRS training.
2.
On November 18, 2015, the Irving ISD responded to requestor Selk that it did not
have any documents responsive to the request for a copy of the inquiry from the U.S.
Department of Justice pertaining to CRS training. The Irving ISD responded further that, to the
extent Mr. Selk was requesting a copy of any inquiry from the DOJ pertaining to the MacArthur
student arrest, Irving ISD would seek an Attorney General opinion on whether the information
was non-disclosable.
3.
permitted by Texas Government Code 552.301 that the information in question was not subject
to disclosure. Irving ISD argued that the information was subject to several exceptions to
disclosure, namely: (1) information regarding ongoing law enforcement proceedings protected
by the Freedom of Information Act (FOIA), 5 U.S.C. 552 et seq.; (2) information regarding
students protected by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C.
-2-
1232g, et seq.; and (3) information relating to reasonably anticipated litigation protected by the
Texas Government Code 552.103. As required by the Attorney Generals procedures, Irving
ISD attached the information that it sought to withhold to its determination request, and it
marked the information to indicate privileged or confidential matter.
4.
On February 11, 2016, General Paxton issued open records decision OR2016-
03385, ordering the District to disclose the information requested. (Exhibit A.) Irving ISD
challenges this ruling.
5.
In particular, Irving ISD challenges the portion of the ruling that states that Irving
ISD did not reasonably anticipate litigation by November 12, 2015, when the District received
Mr. Selks request for public information.
Attorney General disagreed that the Districts receipt of an inquiry from the U.S. Department of
Justice prior to the Districts receipt of the PIA request satisfied the litigation exception.
6.
inconsistent with previous rulings of the Attorney General and is simply contrary to the common
law understanding of anticipation of litigation. The Attorney Generals ruling reveals no
principled basis for such inconsistencies.
7.
here.
The Attorney General did not properly apply the law to the information at issue
Accordingly, the Irving ISD challenges the Attorney Generals application of these
exceptions to the information at issue in this case. The Attorney Generals interpretation and
application of the exception was overly narrow, and his analysis was incorrect and contrary to
established law.
V. DECLARATORY RELIEF
8.
The PIA provides that a governmental agency may file a petition for declaratory
judgment against the Attorney General if it reasonably believes that the information is not
-3-
Based on the foregoing facts, the Irving ISD seeks a declaration from this Court
that open records decision OR2016-03385 is erroneous, that one or more of the cited PIA
sections and statutes or rules apply to prevent disclosure of the information relating to litigation
involving a governmental body that was reasonably anticipated on the date the information was
requested, and that the information may be withheld as protected by the litigation exception.
VI. PERMANENT INJUNCTION
10.
Irving ISD asks the Court to set its request for a permanent injunction for a full
trial on the merits and, after trial, issue a permanent injunction enjoining the enforcement of the
ruling in OR2016-03385 and prohibiting the Attorney General or any interested party from
compelling the release of the information at issue that is the subject of OR2016-03385.
VII.
11.
CONDITIONS PRECEDENT
For the foregoing reasons, the Plaintiff Irving Independent School District asks this Court
to render a declaratory judgment that OR2016-03385 is erroneous, that the information in
question is confidential, and all other relief against the Texas Attorney General Paxton,
Defendant as follows:
12.
declaratory relief;
13.
permanent injunction;
14.
costs of suit;
15.
16.
-4-
Respectfully submitted,
THOMPSON & HORTON LLP
By:
-5-
ExhibitA
KEN PAXTON
ATTORNEY GENERAL OF TEXAS
February 11,2016
IA copy of this letter may be found on the Office of the Attorney General's website:
hUp:l/www.oag. stale.tx .lIs/open120060725u doe.pdf.
Post Office Box 12548, Austin, Texas 78711-2548 (512) 463-2100 www.texasattorneygeneral.gov
toward the initiation of litigation regarding this matter. Consequently, we find you have
failed to demonstrate the district reasonably anticipated litigation when it received the present
request for information. As such, we conclude the district may not withhold the submitted
information under section 552.103. As no further exceptions to disclosure have been raised,
the district must release the submitted information.
This letter ruling is limited to the particular information at issue in this request and limited
to the facts as presented to us; therefore, this ruling must not be relied upon as a previous
determination regarding any other information or any other circumstances.
This ruling triggers important deadlines regarding the rights and responsibilities
of the governmental body and of the requestor.
For more information
concerning those rights and responsibilities, please visit our website at
http://www.texasattorneygeneral.gov/open/orl ruling info.shtml, or call the Office of the
Attorney General's Open Government Hotline, toll free, at (877) 673-6839. Questions
concerning the allowable charges for providing public information under the Act may be
directed to the Office of the Attorney General, toll free, at (888) 672-6787.
Cole Hutchison
Assistant Attorney General
Open Records Division
CH/bhf
Ref:
ID# 597951
Enc.
Submitted documents
c:
Requestor
(w/o enclosures)
Irving
ISD____
v. Ken
Attorney General
the State of Texas
____
__ Paxton,
____________________
__for
_
TYLED~~
(e g. John Smith v. All American Insurance Co; In re Mary Ann Jones; In the Matter ofthe Estate of George Jackson)
A civil case information sheet must be completed and submitted when an original petition or application is filed to initi ate a new civil, family law, probate, or mental
health case or when a post-judgment petition for modification or motion for enforcement is filed in a family law case The information should be the best available at
th e time of filing This sheet, approved by the Texas Judicial Council, is intended to collect information that will be used for statistical purposes only It neither replaces
nor supplements the filings or service of pleading or other documents as required by law or rule. The sheet does not constitute a discovery request, response, or
I
.
b l eat tna I.
mlSSI
an d'It IS not ad
suppiomentatlon.
I. Contact information for perlion completing case information sheet:
Name:
Email:
Usa Brown
Ibrown@thompsonhorton.com
Address:
Telephone:
Houston, TX 77027
Fax:
713-583-7934
i~~ O;~a~~~;~
Irving Independent
School District
Defendant(s)fRespondent(s)
Custodial Parent:
Non-Custodial Parent:
I AUach additional
Presumed Father:
2. Indicate case type. or identify the most important issue in the case (select onlv I):
Family Law
Civil
Contract
Debt/Contract
oConsumerlDTPA
oDebtlContract
oFraudlMisrepresentation
o Other DebtlContract:
Foreclosllre
oHome Equity-Expedited
oOther Foreclosure
Franchise
Olnsurance
oLandlordfTenant
oNon-Competition
oPartnership
oOther Contract:
Injury or Damo2e
gAssaultlBattery
oConstruction
oDefamation
Malpractice
DAccounting
oLegal
DMedical
DOther Professional
Liability:
oMolor Vehicle Accident
oPremises
Prodllct Liability
oAsbestos/Silica
oOther Product Liability
List Product:
oOther Injury or Damage:
Emplovment
oDiscrimination
o Retal iati on
oTermination
OWorkers' Compensation
OOther Employment:
Tax
bjTax Appraisal
oTax Delinquel1cy
OOtherTax
Real Property
DEminent Domain/
Condemnation
oPartition
oQuiet Title
oTrespass to Try Title
oOther Property:
Marrill2e Relationship
gAnnulmenl
oDeclare Marriage Void
Divorce
oWith Children
oNo Children
Related to Criminal
Matterli
b)Expunction
oJudgment Nisi
oNon-Disclosure
oSeizure/Forfeiture
oWrit of Habeas CorpusPre- indictment
oOther:
Other Civil
ilAdministrative Appeal
oAnlitrust/Unfair
Competition
oCode Violations
oForeign Judgment
olntellectual Property
oLawyer Discipline
oPerpetuate Testimony
oSecurities/Stock
o Tortious Interference
o Olher;
Post-judgment Actions
(non-Title IV-D)
DEnforcement
oModitication-Custody
oModitication-Other
Title IV-D
!:::!EnforcementIModification
oPatemity
DReciprocals (UlFSA)
DSupport Order
Parent-Child Relationship
DAdoption/Adoption with
Termination
oChild Protection
oChild Support
oCustody or Visitation
oGeslational Parenting
oGrandparent Access
oParentage/Patemity
oTennination of Parental
Rights
oOther Parent-Child
QGuardianship--Adull
oGuardianship--Minor
OMental Health
Other:
gPrejudgment Remedy
oProtective Order
oReceiver
oSequestration
oTemporary Restraining OrderlTnjunction
oTurnover
(512) 854-9457
REQUESTED BY:
ATTORNEY/FILER: Lisa Brown
PHONE II:
713-333-6141
EMAIL: Ibrown@)thomDsonhorton.com
CASE STYLE: Irving Independent School District v. Ken Paxton, Attorney General for the State of Texas
D ATTORNEY/REQUESTER
DETAILED SERVICE REQUEST: (ON PARTICULAR PARTIES, BY VARIOUS DELIVERY METHODS, OR FOR NON-CITATION
DESCRIPTION OF INSTRUMENT(S) TO BE SERVED:
Original Petition
DI HAVE INCLUDED ATTACHMENTS TO THIS REQUEST (e.g. discovery) TO INCLUDE IN THE CITATION
TYPE OF PROCESS TO
ISSUE:
Iii CITATION
DATTACHMENT'
DOTHER"
SERVICE TO BE ISSUED:
PARTY NAME: Ken Paxton, Attorney General forthe State of Texas
PARTY TYPE: Defendant
i!lUSE ADDRESS IN ORIGINAL PETITION DSECRETARY OF STATE
SERVE VIA:
DATTORNEY/REQUESTOR
DCITATION BY POSTING'
DOTHER ADDRESS:
Constable Precinct 5
DCITATION BY PUBLICATION'
PARTY NAME :
SERVE VIA:
D PERSONAL SERVICE
PARTY TYPE :
DATTORNEY/REQUESTOR
DCITATION BY POSTING'
DOTHER ADDRESS:
DCITATION BY PUBLICATION'
Constable Precinct 5
PARTY NAME :
D PERSONAL SERVICE
PARTY TYPE :
DATTORNEY/REQUESTOR
DCITATION BY POSTING'
DOTHER ADDRESS:
SERVE VIA:
Constable Precinct 5
I 'THIS TYPE OF SERVICE MAY REQUIRE A COURT ORDER. ENTER DATE OF SERVICE ORDER IN CASE RECORD:
5 for
FOR ADDITIONAL PARTIES TO BE SERVED, USE e-FllED PROCESS ISSUANCE REQUEST FORM ADDENDUM
service .