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Freedom of Information Act Request Denied

On September 16, 2008, the Kanawha County Circuit Court in West Virginia ordered the disclosure of five of thirteen emails requested by The Associated Press (AP) through a Freedom of Information Act (FOIA) request submitted February 29, 2008 to Mr. Steven Canterberry, Administrative Director of the West Virginia Supreme Court of Appeals.

Following the disclosure order, Mr. Canterberry appealed the disclosure of the five emails, while the AP appealed the nondisclosure of the remaining eight. AP attorneys Rudolph DiTrapano and Sean McGinley with DiTrapano, Barrett, & DiPiero of Charleston, West Virginia, Patrick McGinley of Morgantown, West Virginia, Robert Fitzsimmons of Wheeling West Virginia, and Ancil Ramey and William Wilmoth with Steptoe & Johnson of Charleston and Wheeling, West Virginia, believed the circuit court erred by withholding eight of the requested emails and concluding only five were subject to disclosure under FIOA guidelines.

In an opinion filed November 12, 2009, West Virginia’s Supreme Court of Appeals sided with Mr. Canterberry by affirming the circuit court’s order in regard to the eight emails denied the AP, while reversing the order requiring the disclosure of the remaining five.
The case was then remanded for further proceedings.

See: Associated Press v. Canterbury, 688 SE 2d 317 (2009).

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Related legal case

Associated Press v. Canterbury