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Federal Judge Rules Former Commissioner Underhill Must Pay $130K In Legal Fees
January 17, 2024
Former Escambia County Commissioner Douglas Underhill has been ordered by a federal judge to pay $130,425.50 in legal fees to David Bear.
Bear sued Underhill after he failed to respond to a public records request for records held by Underhill. Bear won the case, which allowed reimbursement for legal fees.
Underhill contended that Bear had the improper purpose of harming him financially and that further discovery was required to determine what fees were actually billed to Bear to avoid duplication. Underhill also filed a separate motion to remand, asserting that all federal claims have been resolved, and in the alternative, he requests reconsideration of the determination that he is individually liable for Bear’s attorney’s fees.
Underhill lost all of his arguments in the case with the order from Federal Judge Casey Rodgers.
“Record shows that the request was a genuine search for public records and the suit was filed because Underhill refused to respond to the request for public records that were within his custody, which is not improper,” Rodgers wrote in her order.
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5 Responses to “Federal Judge Rules Former Commissioner Underhill Must Pay $130K In Legal Fees”
” the new mayors side deals ”
What are his side deals? Do tell.
Wonder what town of Century mayor gonna do when someone requests records of all the new mayors side deals maybe judge Rodgers decision will get his attention, na not possible he’s already admitted he knows nothing about his new job.
Mr. Underhill, play stupid games, win stupid prizes. There are plenty of bankruptcy attorneys around town.
All snarkiness aside, I wonder if elected public servants get a “Public Records Request / Sunshine Law 101″ course? It should be mandatory between election day & being sworn in.
Also county attorneys are supposed to be there to keep everyone legal. I suppose that a commissioner would need to have the humility to ask for help.
Thank you for covering this, Northescambia. The politics and Doug’s tactic of dragging things out over four years have worked to his benefit to a degree, in that the public interest has fallen off what is actually a very important area case–with statewide importance–for the public’s right to public record.
Thank you also for highlighting the most crucial sentence in the ruling, which bears repeating: “The record shows that the request was a genuine search for public records and the suit was filed because Underhill refused to respond to the request for public records that were in his custody.”
It really is that simple. Always has been. The court had to compel him to produce the documents, for cripe’s sake. It doesn’t get any more cut and dry than that.
Keep in mind that this is just *one* instance of him refusing to fulfill public records. He had multiple records of mine he never fulfilled that I logged with the previous State’s Attorney (the investigator on the case suggested I file on him in civil court instead).
In fact, an internal tracking system Doug had Jonathan Owens assigned as the manager had several requests in the database designated as “0″ level importance.
Four years. He’ll probably appeal to drag it out even further, arguing still more smoke and mirrors legal absurdities. Hopefully that won’t continue to stall the State case, whose judge was waiting on the federal ruling. That case is for the same intentional refusal to fulfill public record, only this time pertaining to his Nextdoor public record. Underhill’s repeat refusals to obey the law and the code of ethics are the very definition of incorrigible.
Now if the courts will enforce the order.
no appeals just write the check like the rest of the tax payer have to do.