Skip navigation
× You have 2 more free articles available this month. Subscribe today.

Virginia Prisoner Has No Standing To Access Records Under State’s FOIA

Virginia Prisoner Has No Standing To Access Records Under State's FOIA

A Fairfax County, Virginia, Circuit Court has denied a prisoner's petition for writ of mandamus seeking investigative reports under the Virginia Freedom of Information Act (FOIA), holding none of his constitutional rights were violated, that since he is convicted he is not entitled to use the FOIA, and he had the available remedy of habeas corpus available to him.

The prisoner requested "all facts concerning his arrest, accusations made against him, and trial records." The trial records were released to him, but the Faifax County Police Department denied the request as to other records, arguing FOIA records are not afforded "to any person incarcerated in a state, local, or federal correctional facility" under Va. Code. Ann §2.2-3705(C).

The Court agreed with that exemption. Since the prisoner failed to show a clearly established right denied him under the FOIA or the Constitution, mandamus was denied to use the available remedy of habeas corpus "to gain exculpatory evidence when one has probable cause to believe he is detained without lawful authority." See: Chavez v. Manger, 62 Va. Cir 146 (2003)

As a digital subscriber to Prison Legal News, you can access full text and downloads for this and other premium content.

Subscribe today

Already a subscriber? Login

Related legal case

Chavez v. Manger