ESPN Inc. has filed a motion requesting Ingham County Circuit Court Judge Clinton Canady III to award it more than $90,000 for its attorneys' fees, costs and Freedom of Information Act fees created during its public records dispute with the university, to be paid by MSU, according to a Lansing State Journal report.
The report states ESPN cited a portion of the state's FOIA law which says if a person appeals a public body's decision to deny all or a portion of a public records request and prevails, a judge "shall award reasonable attorneys' fees, costs, and disbursements."
This all began when ESPN submitted a FOIA request in September of 2014 for police reports involving 301 student-athletes. MSU provided copies of those reports, with the names of student-athletes listed as suspects, witnesses or victims but the names were redacted.
ESPN then sued and Canady ruled MSU was required to release the names of student-athletes only if they were named in the reports as suspects. MSU appealed this decision to the Michigan Court of Appeals, which upheld the ruling and then appealed to the Michigan Supreme Court, which declined to hear the appeal.
In their request for fees, ESPN's attorneys wrote as result of their lawsuit and their defense of Canady's opinion to higher courts, it succeeded in getting what they wanted.
"In plain and simple terms, ESPN has prevailed in this matter," they wrote. "The Michigan Freedom of Information Act now requires that ESPN be awarded its reasonable attorneys' fees, costs and disbursements for having had to go to this expense to obtain public records."
In MSU's response to ESPN's motion, it noted the media company earned, at most, a partial victory.
"In reality, the outcome is a far cry from what ESPN's complaint demanded, and falls short of a complete victory," attorneys wrote in their Feb. 10 response. "Because ESPN did not fully prevail, the court is not required to award any fees."
ESPN is requesting Canady award them a total of $89,847.07 in attorneys' fees, $1,520 for FOIA fees and $500 in punitive damages. ESPN said in its motion it shouldn't have to pay the $4,224.14 MSU requested to satisfy the remainder of the FOIA request.
MSU said Canady shouldn't award $500 in punitive damages because it didn't randomly deny parts of the FOIA. MSU also said its use of the privacy exemption was based on "sound legal reasoning rooted in Michigan law," according to the Lansing State Journal.
A hearing will be held later this month.
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