Even if some of the requested records must be withheld, the burden is on OU to maintain those records in a fashion that allows them to redact the protected information and release the rest, the summary states.
· Sovereign Immunity: The summary also states that the defendants cannot claim sovereign immunity unless they have can point to a specific statutory basis for it.
“In their motion to dismiss, they failed to cite a legitimate statutory basis, alluding only to the Oklahoma Governmental Tort Claims Act,” the document states.
The document continues to state why the action does not qualify as a tort but rather a writ of mandamus.
· Writ of mandamus: The summary further states the defendants have a valid point that an affidavit is required for the writ of mandamus, so the affidavit was filed with the response and the “procedural flaw no longer exists.”
Plaintiff requests: In conclusion to the summary judgment, the document says the plaintiff asks that the court issue a writ of mandamus compelling the defendants to release the records described in the plaintiff’s demand letter dated May 8. The demand letter has been submitted as evidence, Stipek said.
The plaintiff also requests that the court award costs and fees and all such other relief as the court deems proper, the summary judgment states.