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Article • November 28, 2017
Arkansas Supreme Court: Accident Report Information Not Exempt from FOIA Disclosure by Mark Wilson by Mark Wilson The Arkansas Supreme Court held that the federal Driver's Privacy Protection Act (DPPA) does not prohibit public disclosure of information contained in vehicle accident reports from being released under the Freedom of Information …
Article • September 6, 2017
Judicial Watch Not Entitled to Internal Department of Defense Memo In Bowe Bergdahl Case, D.C. Circuit Court Rules by Lonnie Burton by Lonnie Burton On February 7, 2017, a three-judge panel sitting in the U.S. Court of Appeals for the D.C. Circuit affirmed a ruling of the D.C. District Court …
Article • September 1, 2017
Second Circuit Rules Against American Civil Liberties Union on Drone Strike FOIA Request by Christopher Zoukis by Christopher Zoukis The United States Court of Appeals for the Second Circuit has denied a Freedom of Information Act (FOIA) request in which the American Civil Liberties Union requested documents from several government …
Article • September 1, 2017
Media Companies Denied Damages and Fees in Public Records Litigation by Christopher Zoukis by Christopher Zoukis Five media companies, including The Associated Press, were denied statutory damages and attorney's fees in an unsuccessful public records request filed in Cincinnati, Ohio. The suit, filed over a body-camera video from a police …
Brief • July 27, 2017
Seavey v. DOJ, DC, Memorandum Opinion, 2017 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA NINA GILDEN SEAVEY, Plaintiff, v. Civil Action No. 15-1303 DEPARTMENT OF JUSTICE, et al., Defendants. MEMORANDUM OPINION I. BACKGROUND A. Factual Background Plaintiff, Professor Nina Gilden Seavey, is a documentary film maker and academic. …
Article • June 9, 2017 • from PLN June, 2017
New Mexico State Court Orders Disclosure of Corizon’s Litigation Records by Derek Gilna by Derek Gilna New Mexico District Court Judge Raymond Z. Ortiz ruled in August 2016 that Corizon Health, a for-profit medical services provider, must release its settlement agreements in lawsuits filed against the company by New Mexico …
Article • June 9, 2017 • from PLN June, 2017
DC Circuit Agrees that U.S. Attorney’s Discovery Handbook is Exempt from FOIA by Derek Gilna by Derek Gilna In a setback for the National Association of Criminal Defense Attorneys (NACDL), the Court of Appeals for the DC Circuit declined to overturn a district court’s judgment that found the U.S. Attorney’s …
CIVIC - Sexual Assault Complaint, 2017 Thomas D. Homan, Director Claire Trickler-McNulty, Assistant Director, Office of Detention Policy and Planning U.S. Immigration and Customs Enforcement 500 12th Street, SW Washington, D.C. 20536 John F. Kelly, Secretary John Roth, Inspector General Department of Homeland Security 245 Murray Lane SW Washington, D.C. …
Publication • 2017
Knight Foundation - Forecasting Freedom of Information, David Cuillier, 2017 FORECASTING FREEDOM OF INFORMATION Why it faces problems—and how experts say they could be solved MARCH 2017 knightfoundation.org | @knightfdn ­— By David Cuillier, University of Arizona School of Journalism A study commissioned by the John S. and James L. …
Article • May 5, 2017 • from PLN May, 2017
Divided En Banc Sixth Circuit Blocks Release of Federal Mug Shots by Derek Gilna by Derek Gilna In a 9-7 decision, the en banc Sixth Circuit blocked the release of mug shots of federal criminal defendants, finding that the Internet had caused individuals to be “haunted” by Freedom of Information …
Article • May 5, 2017 • from PLN May, 2017
Eighth Circuit: Exhaustion is Not a Pleading Requirement in FOIA Cases by The Court of Appeals for the Eighth Circuit reversed the dismissal of a former federal prisoner’s Freedom of Information Act (FOIA) suit, holding that he was not required to plead exhaustion in his complaint. Darnell Wesly Moon filed …
Article • May 5, 2017 • from PLN May, 2017
After Fourteen Years, BOP Settles Prison Legal News FOIA Suit for $420,000 by Derek Gilna by Derek Gilna When Congress passed the Freedom of Information Act (FOIA), 5 U.S.C. § 552, the theory was that it would inject some needed transparency into the federal government and make it easier for …
Publication • April 10, 2017
WA Attorney General - Public Records Act Violations Records, 2015 1 found in violation of the Public Records Act during the specified time period cannot be related 2 to the allegations in Plaintiff's complaint. For similar reasons, this interrogatory is overly 3 broad and unduly burdensome. Plaintiff has equal access …
Article • April 3, 2017 • from PLN April, 2017
Federal Dismissals Not In Forma Pauperis Strikes in Arkansas by On May 5, 2016, the Arkansas Supreme Court reversed the revocation of a prisoner’s in forma pauperis status, finding that dismissed federal court actions could not be counted as strikes under state law. Arkansas Code Annotated (ACA) § 16-68-607 prohibits …
Woodman v. Michigan DOC, MI, Complaint, FOIA request, 2017 I II•' I'9 STATE OF MICHIGAN IN THE COURT OF CLAIMS SPENCER WOODMAN, Plaintiff, CaseNo. v KL Hon. MICHIGAN DEPARTMENT OF CORRECTIONS, Defendant. ----------------------------------------------------------~/ HONIGMAN MILLER SCHWARTZ AND CoHN LLP Robert M. Riley (P72290) Marie L. Greenman (P80811) Cooperating Attorneys, American …
Publication • January 26, 2017
The First Year - Building Bridges Between FOIA Requesters and Federal Agencies, OIG, 2011 Office of Government Information Services The First Year Building Bridges Between FOIA Requesters and Federal Agencies March 2011 Cover: Sipapu Bridge, White Canyon, Natural Bridges National Monument, Utah, May 1972 (NARA 412-DA-2446) Office of Government Information …
CCA response to AP records request re staffing 2016, CCA, April 5, 2016 5 April 2016 Requester Travis Loller The Associated Press 1207 18th Ave. South, Suite 261A Nashville, TN 37212 Log Number 201600094 Please see the following response to a public records request sent to Steve Groom, General Counsel, …
Reports Show Immigration Facility Inspectors Overlook Serious Rights Violations by Derek Gilna Immigration and Customs Enforcement (ICE) inspectors are entrusted with ensuring that facilities used to house vulnerable detainees are following strict guidelines for their operation.  However, an October 2015 report by two independent prisoner-rights groups, "Lives in Peril – …
Brief • December 28, 2016
Detroit Free Press v. Department of Justice, USA, Amicus Brief, FOIA Booking Photos, 2016 No. 16-706 IN THE Supreme Court of the United States DETROIT FREE PRESS, INC., Petitioner, V. DEPARTMENT OF JUSTICE, Respondent. On Petition For A Writ of Certiorari to the United States Court of Appeals for the …
Tennessee Sheriff’s Willful Denial of Public Records Merits PLN Attorney Fee Award by On June 24, 2015, a Tennessee appellate court found the sheriff of Marshall County had willfully denied access to public records requested by Prison Legal News, and held that PLN was entitled to attorney fees after filing …
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