S-19-0271 Huff v. Brown (Appellant)
Furnas County District Court, Judge James E. Doyle
Attorneys: Herchel H. Huff --- Melodie T. Bellamy, Special Prosecutor & Morgan R. Farquhar (County Attorney’s Office) (Appellant)
Civil: Writ of Mandamus; public records
Proceedings below: The district court granted Appellee’s petition for a writ of mandamus in part and denied it in part.
Issues: The district court erred in 1) ordering a writ of mandamus without evidence, 2) receiving Exhibit 3 into evidence over objection, 3)finding that former Sheriff Kapperman had a duty to provide any records after Huff failed to respond to Kapperman’s response requiring a money deposit prior to production of the records as provided by Neb. Rev. Stat. § 84-712(4), 4) in directing the Furnas County Sheriff to: (a) provide copies of records without the payment of copying fees provided by statute; (b) provide records not in his custody or possession; and (c) conduct an investigation and then report regarding other requested records, including identifying and locating the custodian of such records, 5) waiving the fees and costs allowed by Neb. Rev. Stat. §§ 84-712(3)(b) and (4) prior to providing copies of public records, 6) sua sponte substituting the current Furnas County Sheriff Doug Brown as the defendant, and 7) failing to dismiss for failure to state a claim.