The panel found McDonald’s argument that a single 10-day extension letter permanently satisfied her response obligations was "untenable" and "devoid of arguable legal merit" under the state’s FOIA.
Kristen Karr, a victim advocate and Oxford High School parent, sued McDonald in September 2024 for failing to produce records on security contracts and threats. Karr filed five FOIA requests in late 2021 and 2022 seeking contracts with security firm Fortis Group, news media outlets, and public relations firms, as well as records of threats against McDonald and her office. McDonald issued 10-day extension letters for each request but failed to provide further responses or updates until after the lawsuit was filed.
The Court of Appeals affirmed the trial court’s dismissal of Karr’s claims regarding contracts with Fortis Group, news media, and PR firms, finding Karr failed to establish a fair possibility that additional discovery would uncover factual disputes.
However, the court reversed the dismissal of Karr’s claim regarding documented threats, finding McDonald’s affidavits relied on "conclusory and generalized statements" rather than the particularized justification required by law. The court remanded this issue for the trial court to review the records or hold an in camera hearing.
The court also reversed the denial of sanctions, ordering the trial court to determine the amount of costs and attorney fees McDonald must pay Karr due to her frivolous ripeness defense.