(DOWNLOAD) "Capital Senior Management 1, Inc. v. Texas Department of Human Services" by Third District, at Austin Texas Court of Appeals # eBook PDF Kindle ePub Free
eBook details
- Title: Capital Senior Management 1, Inc. v. Texas Department of Human Services
- Author : Third District, at Austin Texas Court of Appeals
- Release Date : January 11, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 82 KB
Description
This case involves the release of information under the Public Information Act (PIA). Tex. Govt Code Ann. 552.002-.353 (West 2000 & Supp. 2004). Appellee, the Texas Department of Human Services (Department), received a request to disclose the public information it had about the appellant, Capital Senior Management 1, Inc. (Capital), a nursing home operator. The Office of the Attorney General (OAG), at the Departments request, reviewed a representative sampling of the documents and determined that some of them were public documents under the PIA. Tex. Atty Gen. ORD-2007 (2002). Capital asserted various privileges and sued to enjoin their release. The trial court denied Capitals request for injunctive relief and ordered the documents released. Capital now appeals, claiming the trial court abused its discretion in ordering the documents released. Because we find that those reports entitled "Facility Investigation Reports" and "Facility Abuse/Neglect Investigation Reports," were used or developed by the Department in an investigation of abuse or neglect and are nonpublic, we reverse the trial courts judgment as to those documents, and remand this case to the trial court for further proceedings consistent with this opinion. As to the remaining documents, we affirm the trial courts order denying Capital injunctive relief.