Title 50, Chapter 18, Section 73
( 50-18-73)
(a) The superior courts of this state shall have jurisdiction in law
and in equity to entertain actions against persons or agencies
having custody of records open to the public under this article to
enforce compliance with the provisions of this article. Such
actions may be brought by any person, firm, corporation, or other
entity. In addition, the Attorney General shall have authority to
bring such actions, either civil or criminal, in his or her
discretion as may be appropriate to enforce compliance with this
article. (b) In any action brought to enforce the provisions of this chapter
in which the court determines that either party acted without
substantial justification either in not complying with this chapter
or in instituting the litigation, the court shall, unless it finds
that special circumstances exist, assess in favor of the complaining
party reasonable attorney's fees and other litigation costs
reasonably incurred. Whether the position of the complaining party
was substantially justified shall be determined on the basis of the
record as a whole which is made in the proceeding for which fees and
other expenses are sought. (c) Any agency or person who provides access to information in good
faith reliance on the requirements of this chapter shall not be
liable in any action on account of having provided access to such
information. |