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PLN Wins Partial Victory, Attorneys Fees in FOIA Video Tape Suit Against U.S. Attorneys’ Office by Brandon Sample by Brandon Sample and Derek Gilna In a lawsuit brought under the Freedom of Information Act (FOIA), Prison Legal News was awarded attorneys fees by a U.S. District Court in Colorado after …
$72,000 in Attorney Fees and Costs Awarded in Montana FOIA Action by On May 14, 2008, U.S. District Court Judge Donald W. Molloy awarded $72,701.99 in attorneys’ fees and costs in an action under the Freedom of Information Act (FOIA). Wildlands CPR sued the U.S. Forest Service under FOIA for …
Article • November 15, 2011
Booking Photos Not Subject to Disclosure Under FOIA by The U.S. Marshals Service does not have to turn over mug shot photos in response to a Freedom of Information Act (FOIA) request, U.S. District Judge Paul C. Huck ruled December 14, 2009. Theodore Karanstalis, a freelance reporter, submitted a FOIA …
Article • November 15, 2011
Exemption 2 of the FOIA Only Applies to “Personnel” Matters, Supreme Court Holds by Exemption 2 of the Freedom of Information Act (FOIA), which bars the disclosure of records “relayed solely to the internal personnel rules and practices at an agency,” is limited to documents that “concern the conditions of …
Article • November 15, 2011
FOIA’s Privacy Exemptions Do Not Apply to Corporations, Supreme Court Holds by Exemption 7(c) of the Freedom of Information Act (FOIA) allows the withholding of records that “could reasonably be expected to constitute an unwarranted invasion of personal privacy,” 5 U.S.C. § 552 (b) (7) (c). The third circuit held …
California District Court Rips Feds for “False and Misleading Information” in FOIA Case, Then Does Nothing by In a lawsuit filed by six Islamic organizations and five individuals, the U.S. District Court for the Central District of California, Southern Division, found that the FBI and the U.S. government had “provided …
Brief • September 27, 2011
Prison Legal News v EOUSA, US, Reply Brief, FOIA public records NO. 10-1510 In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, v. Petitioner, EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for …
Brief • July 14, 2011
Prison Legal News v EOUSA, US, Reply Brief - newspapers, FOIA public records, 2011 No. 10-1510 IN THE Supreme Court of the United States ———— PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ———— On Petition for a Writ of Certiorari to the United States Court …
Brief • June 14, 2011
Prison Legal News v. EOUSA, US, Petition, public records, 2010 NO. ____ In the Supreme Court of the United States ________________ PRISON LEGAL NEWS, Petitioner, v. EXECUTIVE OFFICE FOR UNITED STATES ATTORNEYS, Respondent. ________________ On Petition for a Writ of Certiorari to the United States Court of Appeals for the …
Article • May 15, 2011
Metadata is a Public Record, Washington Supreme Court Holds by The Washington State Supreme Court has held that Metadata is a public record that must be disclosed under the Public Records Act (PRA). This case raised a question of first impression for the Court. Metadata is “information describing the history, …
Court Orders ICE to Produce Metadata in Responding to FOIA Request by U.S. District Judge Shire A. Scheindlin has ordered the U.S. Immigration and Customs Enforcement Agency (ICE) to turn over thousands of documents and emails in electronic format. The plaintiffs, immigration rights organizations, sought records from ICE concerning its …
D.C. Agrees to Pay $2,700 to Settle FOIA/Civil Rights Claims Over Use of Tear Gas by On August 23, 2004, the District of Columbia agreed to pay $2,700 to a former prisoner at the D.C. Jail in order to settle two suits—one under the Freedom of Information Act (FIOA), and …
Open Government Act’s Catalystic Theory for Attorneys’ Fees Doesn’t Apply Retroactively by The provisions of the Open Government Act of 2007 that restore the catalyst theory for attorneys’ fees do not apply retroactively, the D.C. Circuit decided June 26, 2009. Anthony Summers settled a Freedom of Information Act (FOIA) suit …
Article • April 15, 2011
Freedom of Information Act Request Denied by 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 …
Article • April 15, 2011
Summary Judgment for BOP in FOIA Case Granted by On January 27, 2010, U.S. District Judge Rosemary M. Collyer granted summary judgment for the Bureau of Prisons (BOP) in a Freedom of Information Act (FOIA) suit wherein the prisoner sought records related to a former BOP guard who was terminated …
Some Agencies Balk at Releasing Prison Phone Data by Michael Rigby by Mike Rigby It is common knowledge among PLN readers that prison and jail phone rates are priced far above those in the free world. But just how overpriced are they? What is the average kickback (commission) rate provided …
Article • March 15, 2011
Michigan Cop’s Mug Shot Releasable Under FOIA by The Michigan Court of Appeals held that a Detroit police officer’s mug shot may be released to the media under the Freedom of Information Act (FOIA). The Detroit Free Press made an FOIA request for the release of the booking photograph of …
Article • March 15, 2011
Connecticut Trial Courts Lack Power to Unseal Records by Connecticut’s Supreme Court held that a trial court in an administrative appeal, which does not have continuing jurisdiction over cases where sealing orders were issued and does not have custody of or control over the sealed docket sheets, does not have …
Article • January 15, 2011 • from PLN January, 2011
Connecticut Restricts Prisoners’ FOIA Requests by David Reutter by David M. Reutter Last year, Connecticut enacted an exemption to the state’s Freedom of Information Act (FOIA) that prevents disclosure of certain records requested by “any individual committed to the custody or supervision of the Commissioner of Correction or confined in …
Brief • September 30, 2010
Prison Legal News v. Tilton, CA, Order Atty Fees, CDCR Public Records, 2010 f-- Ii L. F' ['1 '" n p c: c r-, ENC t~_. ) 1 ROSEN, BIEN & GALVAN, LLP 2 Sanford Jay Rosen, Bar No. 62566 Ernest Galvan, Bar No. 196065 3 Kenneth M. Walczak, Bar …
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