D'Amico v. Jefferson County

Outcome: Summary judgment granted for Plaintiff D'Amico

Description: Facts: D'Amico makes a Public Records Act request for the phone records of the 3 county commissioners. The county provides the records, but with the outgoing phone numbers of one of the commissioners heavily redacted. The county cited RCW 42.56.210(1) as the justification for the redactions. D'Amico asked for confirmation in writing that the county intended to rely on .210(1) in making its redactions--the county confirmed. D'Amico brought a cause of action alleging that the county had failed to cite an actual exemption in withholding public records, as .210(1) is not an exemption from disclosure. The county responded by citing an actual exemption. The county argued that the phone numbers were "personal" in nature and thus exempt from disclosure as it would be an invasion of privacy (as per RCW 42.56.050) if the phone numbers were disclosed. Result: After a hearing for the parties' cross summary judgment motions, the trial court granted plaintiff's summary judgment and denied the county's motion. Shortly thereafter, the county delivered the unredacted phone records to D'Amico. The court also awarded D'Amico the reasonable attorney fees, costs and penalties that are mandatory for a prevailing party under the PRA.