Supreme Court of Arkansas

Arkansas Department of Correction and Wendy Kelley

November 2, 20172017 Ark. LEXIS 266

Summary

The opinion agrees that the identities of drug manufacturers are not protected by the confidentiality provisions, but argues that the circuit court correctly ordered disclosure of the unredacted package inserts and labels. It would affirm that ruling because the Arkansas Department of Correction failed to prove that the records were exempt from disclosure, making a remand for a second determination unnecessary. Justice Womack, concurring in part and dissenting in part, would instead treat manufacturers as protected sellers or suppliers and would reverse the disclosure order, while agreeing that identifying numbers must be redacted.