Attorneys Recover Fees For School Shooting Video Request
The attorneys representing the estate of a Townville boy who was shot and killed at school have recouped $16,815 in attorneys’ fees for their work requesting the school video of the shooting through the Freedom of Information Act, the attorneys report.
Field Dunaway and Tom W. Dunaway of Dunaway Law Firm in Anderson represent the estate of Jacob Hall, who was shot at Townville Elementary School in 2016, in a wrongful death civil case against the Anderson County Sheriff’s Office and Anderson County School District 4. Hall was taken to the hospital after the shooting and died three days later.
The Dunaways requested the school surveillance video of the shooting, which the 10th Circuit Solicitor’s Office refused, even after the shooter, Jesse Osborne, pleaded guilty. The Dunaways argued that under the Victims’ Bill of Rights, they should have access to the video.
In September 2018 Anderson County Circuit Judge Lawton McIntosh issued an order for the release of the video footage. The Dunaways filed a motion for payment of attorneys’ fees in December.
Field Dunaway said with all the work the firm put into the FOIA request and subsequent back-and-forth document preparation, the settlement was worth about half of what it actually cost their office.
“We fought like hell for it,’” Dunaway said, of the video. The FOIA statute provides for attorneys’ fees, and the Dunaways decided to file a motion for those, too.
Dunaway said they hope to give the settlement money back to the Townville community somehow, either with a memorial in Hall’s honor or purchasing extra trauma kits for schools. He said the case should establish a precedent for governments to comply with reasonable FOIA requests: people shouldn’t have to file suit to file a request.
“It was just more about having to make them pay something. It really wasn’t really the monetary amount that was important,” he said. “It was, kind of, just trying to teach them a lesson and trying to continue to set precedent for that government entities should comply with Freedom of Information Act requests that are valid. And this was valid. It was the victim’s estate that was requesting it.”
The attorney representing the 10th Circuit Solicitor’s office said the solicitor stands by his decision to refuse to release the video in what he described as a “gut-wrenching case.”
“The graphic video depicts a six year old being shot to death while his classmates and teachers watched in horror. The privacy interests of these individuals had to be protected,” Beattie Ashmore of Greenville said. “Once a protective order was entered, the video was immediately delivered to the plaintiffs.”
The pre-trial settlement in Anderson County Circuit Court was announced May 13.
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SETTLEMENT REPORT — FREEDOM OF INFORMATION ACT
Amount: $16,815
Injuries alleged: Attorneys’ fees and costs
Case name: The Estate of Jacob Hall, by his Duly Appointed Personal Representative, Austin McDaniel v. 10th Judicial Circuit Solicitor’s Office
Court: Anderson County Circuit Court
Case No.: 2018-CP-04-00695
Judge: R. Lawton McIntosh
Date of settlement: May 13
Attorneys for plaintiff: Field Dunaway and Tom W. Dunaway of Dunaway Law Firm in Anderson
Attorney for defendant: Beattie Ashmore of Greenville


