Missouri Court of Appeals, Western District / Nov 5, 2019
Kimberly Harper and Sharon Kay Harper vs. Missouri State Highway Patrol, Et Al
Kimberly Harper and Sharon Kay Harper sought an injunction under the Missouri Sunshine Law against the Missouri State Highway Patrol (MSHP) to disclose records related to the shooting of Cpl. Bob Harper. The circuit court denied disclosure, finding the records protected under the federal Freedom of Information Act (FOIA). The appellate court reversed, holding that FOIA does not preempt the Sunshine Law for state agency records and that the records retained by MSHP are not "agency records" for FOIA purposes, thus making them subject to disclosure under state law.