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Article • June 15, 2008
Exceptional Circumstances Required for Disclosure of Fla. Sunshine Law Exemption to Government or Law Enforcement by Florida’s Second District Court of Appeals has held that a lawsuit plaintiff failed to show “exceptional circumstances” or “exceptional necessity” to overcome the disclosure of information that is exempt under Florida’s Sunshine Law in …
Federal FIOA Doesn’t Apply to OH State Agencies by Jan Becker, an Ohio state prisoner, petitioned for a Writ of Mandamus in state court to compel the state Highway Patrol to disclose documents under the federal Freedom of Information Act (FOIA), 5 U.S.C. § 551(1) et seq. and the state …
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 …
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
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 …
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
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 …
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