(a) Jurisdiction to hear and determine civil actions brought under this chapter is hereby
vested in the superior court.
(b) The court may examine any record which is the subject of a suit in camera to determine
whether the record or any part thereof may be withheld from public inspection under
the terms of this chapter.
(c) Actions brought under this chapter may be advanced on the calendar upon motion of
any party, or sua sponte by the court made in accordance with the rules of civil procedure
of the superior court.
(d) The court shall impose a civil fine not exceeding two thousand dollars ($2,000) against
a public body or official found to have committed a knowing and willful violation
of this chapter, and a civil fine not to exceed one thousand dollars ($1,000) against
a public body found to have recklessly violated this chapter and shall award reasonable
attorney fees and costs to the prevailing plaintiff. The court shall further order
a public body found to have wrongfully denied access to public records to provide
the records at no cost to the prevailing party; provided, further, that in the event
that the court, having found in favor of the defendant, finds further that the plaintiff’s
case lacked a grounding in fact or in existing law or in good faith argument for the
extension, modification, or reversal of existing law, the court may award attorney’s
fees and costs to the prevailing defendant. A judgment in the plaintiff’s favor shall
not be a prerequisite to obtaining an award of attorney’s fees and/or costs if the
court determines that the defendant’s case lacked grounding in fact or in existing
law or a good faith argument for extension, modification or reversal of existing law.
Notes of Decisions
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651 (R.I. 2003).
· cites it 14× “In its complaint, DARE sought the production of all four categories of documents, $1,000 in damages pursuant to § 38-2-9, plus costs, statutory interest, attorneys’ fees and any other relief that the court deemed proper.”
Downey v. Carcieri, 996 A.2d 1144 (R.I. 2010).
· cites it 4× “Section 38-2-9(d) of the APRA provides as follows: “The court shall impose a civil fine not exceeding one thousand dollars ($1,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and shall award reasonable attorney fees…”
Rhode Island Fed'n of Teachers, AFT v. Sundlun, 595 A.2d 799 (R.I. 1991).
· cites it 2× “Section 38-2-9 confers jurisdiction upon the Superior Court to determine whether the record or any part thereof may be withheld by a public body and also authorizes the imposition of a civil fine against a public body found to have committed a willful violation of the chapter.”
Key Corp. v. Greenville Pub. Library, No. 20 (R.I. 2023).
· cites it 6× “The plaintiff filed a motion for attorneys’ fees pursuant to § 38-2-9(d), seeking $73,863.50, and waived its claim for civil penalties, in order to expedite a final disposition.”
Ri Fed'n of Teachers v. Sundlun, 595 A.2d 799 (R.I. 1991).
· cites it 2× “Section 38-2-9 confers jurisdiction upon the Superior Court to determine whether the record or any part thereof may be withheld by a public body and also authorizes the imposition of a civil fine against a public body found to have committed a willful violation of the chapter.”
LMG Rhode Island Holdings, Inc. v. Off. of Governor Daniel J. McKee (R.I. 2025).
· cites it 2× “” Thereafter, defendant filed a motion for attorneys’ fees pursuant to § 38-2-9(d). The defendant argued that plaintiff’s case lacked a grounding in fact or existing law and did not make a good-faith argument for the extension, modification, or reversal of existing law such that…”
Hall v. South Kingstown Police Dep't (D.R.I. 2025).
“Laws § 38-2-9(d) (establishing that the Court can order civil fines, payment for production of records, and attorneys’ fees against a defendant).”
R.I. Gen. Laws § 38-2-9(d): 5 cases
Direct Action for Rights & Equality v. Gannon, 819 A.2d 651 (R.I. 2003).
“In its complaint, DARE sought the production of all four categories of documents, $1,000 in damages pursuant to § 38-2-9, plus costs, statutory interest, attorneys’ fees and any other relief that the court deemed proper.”
Downey v. Carcieri, 996 A.2d 1144 (R.I. 2010).
“Section 38-2-9(d) of the APRA provides as follows: “The court shall impose a civil fine not exceeding one thousand dollars ($1,000) against a public body or official found to have committed a knowing and willful violation of this chapter, and shall award reasonable attorney fees…”
Key Corp. v. Greenville Pub. Library, No. 20 (R.I. 2023).
“The plaintiff filed a motion for attorneys’ fees pursuant to § 38-2-9(d), seeking $73,863.50, and waived its claim for civil penalties, in order to expedite a final disposition.”
LMG Rhode Island Holdings, Inc. v. Off. of Governor Daniel J. McKee (R.I. 2025).
“” Thereafter, defendant filed a motion for attorneys’ fees pursuant to § 38-2-9(d). The defendant argued that plaintiff’s case lacked a grounding in fact or existing law and did not make a good-faith argument for the extension, modification, or reversal of existing law such that…”
Hall v. South Kingstown Police Dep't (D.R.I. 2025).
“Laws § 38-2-9(d) (establishing that the Court can order civil fines, payment for production of records, and attorneys’ fees against a defendant).”
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