Kansas Supreme Court Decisions, January 6, 2023

06 Jan 2023 10:06 AM | Anonymous member (Administrator)

Appeal No. 122,810: Kelly Roe v. Phillips County Hospital

Appeal No. 122,810 archived oral argument

The Supreme Court reversed the Court of Appeals decision and affirmed the judgment from the Phillips County District Court after the Phillips County Hospital appealed the district court's entry of summary judgment in favor of Kelly Roe. After the Hospital refused to provide Roe with copies of certain requested public records in their native electronic format, Roe filed an action under the Kansas Open Records Act, K.S.A. 45-215 et seq., to compel production. The Phillips County District Court granted summary judgment to Roe, holding the Kansas Open Records Act required the Hospital to provide electronic copies of the records. A Court of Appeals panel reversed that decision on appeal, reasoning that the Kansas Open Records Act contained no mandatory language requiring electronic production. On review, the Supreme Court concluded the Kansas Open Records Act requires a public agency to provide a copy of a public record in the form in which it maintains that record. Thus, the Supreme Court held, because Roe requested copies of records created and stored electronically, the Kansas Open Records Act required the Hospital to provide her with electronic copies of those records.
Powered by Wild Apricot Membership Software