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Article • June 15, 2008
Florida’s Public Records Law Exempts Attorney Notes by Florida’s Supreme Court has affirmed a trial court’s order finding that certain documents in the State attorney’s file are exempt form disclosure under Florida’s Public Records Act. The trial court reviewed the documents in camera. If found the documents in question, which …
Georgia Suicide Claim Reinstated Against PHS by The Georgia Court of Appeals reversed the dismissal of a negligence claim against Prison Health Services, Inc. (PHS) stemming from a 17-year-old detainee’s suicide. The Court also concluded individual defendants were not entitled to official immunity, because they performed ministerial, rather than discretionary …
Article • June 15, 2008
Michigan Prisoner Properly Denied Free Documents Under FOIA by Ricky Williams, a Michigan state prisoner, sued in state court to compel disclosure of documents by the prison records manager (Manager) without having to pay for them, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 …
Article • June 15, 2008
Filed under: Medical, Evidentiary Ruling
Massachusetts Court of Appeals: Instructional Videotape Not Learned Treatise by On March 15, 1990, a Massachusetts court of appeals ruled that an instructional medical videotape was not a learned treatise and was therefore inadmissible as evidence in a medical malpractice case. Stanley G. Simmons, 69, was a patient of Dr. …
Article • June 15, 2008
Medical Experimentation Suits Time Barred by In an unpublished opinion, the Third Circuit Court of Appeals held that 298 former prisoners waited too long to sue over medical experiments performed on them in jail, between 1961 and 1974. From the 1950s until 1974, prisoners at the Holmesburg Prison in Philadelphia, …
Article • June 15, 2008
Medical Review Committee Reports and Responses Exempt as Florida Public Records by Florida’s First District Court of Appeals has held that medical review committee reports and responses thereto are exempt from disclosure as a public record under §119, Florida statutes. This action was brought by parties seeking such reports created …
Article • June 15, 2008
MI FOIA Didn’t Require Disclosure of Documents for Jail Guards’ Disciplinary Proceedings; ERKA Might by The Deputy Sheriffs’ union (Union) requested reports on which the Kent County Sheriff (Sheriff) based disciplinary decisions against two jailers, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et …
Article • June 15, 2008
Michigan FOIA Doesn’t Apply to Prisoners by Fred Proctor, a Michigan state prisoner, filed suit in state court to compel the White Lake Police Department to provide him with documents relating to his criminal investigation and arrest, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws. § …
Article • June 15, 2008
Michigan FOIA Doesn’t Require Disclosure of Court Documents by Parnell Seaton, a Michigan state prisoner, filed suit in state court to compel the prosecutor to disclose court documents and transcripts from his criminal trial, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. …
Article • June 15, 2008
Michigan FOIA Requires Particularized Explanation of Reasons for Denying Records Requests by The Evening News Association (News) requested documents associated with the investigation of a homicide committed by a police officer, pursuant to the state Freedom of Information Act (FOIA), Mich. Comp. Laws § 15.231 et seq. (Mich. Stat. Ann. …
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
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. …
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