× You have 2 more free articles available this month. Subscribe today.
Prisoners' Record Requests Enforceable Under U.S. Constitution and N.Y. Law
Clark refused to produce the documents arguing that a prisoner's right to obtain records under the Freedom of Information Law (FOIL) were suspended while incarcerated because the production was precluded by N.Y. Civ. Rights Law § 79. Hillard motioned to compel. The court held that N.Y. Civil Rights Laws and the due process and equal protection clauses of the U.S. Constitution allow a prisoner's access to these documents. The court further held that FOIL requests could be enforced by administrative appeals and court proceedings. Clark appealed.
The Fourth Department Appellate Division for the Supreme Court of New York held that N.Y. Civ. Rights Laws §§ 79(2) and 79 a(2) were amended in 1973 because of constitutional violations and that the Civil Rights Law does not bar prisoners from making and seeking to enforce FOIL requests. See: In re Hillard v. Clark. 254 A.D.2d 756, 677 N.Y.S.2d 857 (N.Y.S. App. 1998).
As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
Related legal case
In re Hillard v. Clark
|Cite||254 A.D.2d 756, 677 N.Y.S.2d 857 (NY App. 1998)|
|Level||State Court of Appeals|