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Article • June 15, 2008
Health Department May Withhold Prisoner’s Medical Records from Virginia Sheriff by Virginia’s Attorney General has opined that under the Virginia Freedom of Information Act, §2.1-342 (b) (3) medical records held by the local health department may be withheld from the sheriff who is seeking “confidential health information” on a prisoner. …
Article • June 15, 2008
Filed under: Medical, HIV/AIDS
Illinois Court of Appeals Holds HIV Status Disclosure Order Overbroad by On December 31, 1991, an Illinois court of appeals held that a circuit court’s order disclosing HIV status following mandatory HIV testing of a prisoner who had been convicted of illegally possessing a syringe or hypodermic needle was overbroad. …
Article • June 15, 2008
Indiana APDA Required Prosecutor to Disclose Subpoenas by The Evansville Courier (Courier), an Indiana newspaper, requested copies of subpoenas issued in a criminal investigation by the prosecutor for Vanderburgh County, Indiana, pursuant to the state Access to Public Documents Act (ADPA), Ind. Code Ann. § 5-14-30-1 et seq. The prosecutor …
Indiana APRA Required City to Disclose Settlement Agreement in Civil Action by Counsel for the city of Knightstown, Indiana negotiated a settlement agreement between the city and a female police dispatcher who sued the city and its police department for sexual harassment. A newspaper, called the Knightstown Banner (Banner), requested …
Article • June 15, 2008
IN ARPA Required City to Disclose Cellular Phone Records of Public Officials; $3,400 Awarded in Atty Fees by AGENDA: OPEN GOVERNMENT, Inc. (Agenda) publishes a newsletter in Elkhart, Indiana (City). Its publisher requested of the City the cellular phone records of certain public officials, pursuant to the state Access to …
Article • June 15, 2008
IN ARPA Required City to Disclose Cellular Phone Records of Public Officials; $3,400 Awarded in Atty Fees by AGENDA: OPEN GOVERNMENT, Inc. (Agenda) publishes a newsletter in Elkhart, Indiana (City). Its publisher requested of the City the cellular phone records of certain public officials, pursuant to the state Access to …
Article • June 15, 2008
Indigent Persons/Prisons Not Entitled to Florida Public Records Free of Charge by The Florida Supreme Court has held that Florida’s Public Records Act makes no provision to provide indigent persons or prisoners public records unless they pay the required cost of copying these records. Thus, while a state attorney’s file …
Article • June 15, 2008
Injuries While Attempting to Flee New York Prison Riot Net $132,000 by A New York prisoner who was seriously injured during a riot was awarded $132,000 by the New York Court of Claims. On August 27, 1989, Ronald Duglan, a prisoner at New York’s Cayuga Correctional Facility, was caught in …
Internal Affairs Reports Available to Maryland Criminal Defendant; 2 Prong Test Discussed by Maryland’s Special Court of Appeals has held that a criminal defendant is entitled to disclosure of a detective’s Internal Affairs Division (IAD) filed, but held the Court must review that file to determine what must be disclosed. …
Article • June 15, 2008
Kansas Prisoner not Consumer under State Consumer Protection Act by Nathaniel Ellibee, a Kansas state prisoner, sued the vender which provides meals for the state Department of Corrections (DOC) in state court under the state Consumer Protection Act (Act) because the vender wasn't providing kosher meals. The trial court dismissed …
Article • June 15, 2008
Michigan Mental Patient Properly Denied Documents Under FOIA for Failure to Establish Indigence by Roger Kearney, III, a Michigan state mental patient, sought copies of his treatment records without having to pay copying fees, pursuant to the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. …
Article • June 15, 2008
Michigan Prison Disciplinary Decisions not Subject to FOIA by Raymond Walen and David Desorcy (Prisoners) Michigan state prisoners, sued guards in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.) to compel inspection of decisions …
Article • June 15, 2008
MI Prisoner Awarded Costs and Given Documents Under FIOA by Steven Haskins, a Michigan state prisoner, sued in state court under the state Freedom of Information Act (FOIA) Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.), to compel Oronoko Township to disclose to him …
Article • June 15, 2008
Ohio Prisoner May be Entitled Under PRA to Documents Identifying Guards Who Beat Him by Timothy Conley, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel prison officials to disclose documents identifying guards who had beaten him several times. The trial court dismissed the …
Article • June 15, 2008
Michigan Prisoner Properly Denied Review of Documents too Numerous to Transport to Him by Jason Mithrandir, Robert Van Horn, John Chapman and Joseph Molinari (Prisoners), all Michigan state prisoners housed in segregation, asked to review Department of Corrections’ (DOC) files, pursuant to the state Freedom of Information Act (FOIA) Mich. …
Article • June 15, 2008
Michigan Prisoner’s FOIA Suit Dismissed Because No Violation Occurred by Ronald Jordan, A Michigan state prisoner, requested documents from a prison office manager (Manager) under the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. § 4.1801(1) et seq.). After several weeks went …
Article • June 15, 2008
Michigan Prisoner Awarded $500 for DOC's Violation of FOIA by Timothy Kincaid, a Michigan state prisoner, sued the state Department of Corrections (DOC) in state court under the state Freedom of information Act (FOIA), Mich. Comp. Laws 15.231 et sec, to compel disclosure of his disciplinary records. The trial court …
Article • June 15, 2008
Missouri Prisoner Appointed Lawyer in Federal Civil Rights Action by Don Shields, a Missouri state prisoner, filed a civil rights action in federal district court after a St. Louis cop refused to return money and other property seized during Shields' arrest. The district court dismissed for failure to comply with …
Montana Guards' Disciplinary Sanctions and Names Held Disclosable by Several guards at the Montana State Prison were disciplined for their behavior during a riot in which several prisoners in protective custody were killed. Numerous newspapers' requests for a copy of the report outlining the guards' discipline was granted, but the …
Article • June 15, 2008
Montana Newspaper Entitled to Fees Incurred to Obtain Copies of Documents by The Havre Daily News (newspaper), a Montana subchapter of a Washington corporation, sued the city of Havre, Montana in state court under Mont. Const. art. II § 9 to compel disclosure of an unredacted incident report. During litigation …
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