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Release of Tethering Records Settles North Carolina Public Record Suit by Release of Tethering Records Settles North Carolina Public Record Suit   North Carolina prison officials agreed to give a prisoner segregation tethering records to settle his public record law violation suit.   The North Carolina Department of Corrections (NCDOC) …
Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed by Washington Supreme Court Holds Victim Impact Statements and Special Sex Offender Sentencing Alternative Evaluations May Be Disclosed   On September 27, 2012, the Supreme Court of Washington held that Victim Impact Statements …
Article • October 3, 2014
Wisconsin Open Records Law Prohibits Charging Redaction Fee by Wisconsin Open Records Law Prohibits Charging Redaction Fee   The Wisconsin Supreme Court held that governmental entities have no authorization to charge the public for time spent redacting confidential information from public records.   The ruling came in a lawsuit brought …
Article • October 3, 2014
Washington Supreme Court Reverses Premature Public Record Ruling; Requester Identity Irrelevant to Whether Records Exempt by Washington Supreme Court Reverses Premature Public Record Ruling; Requester Identity Irrelevant to Whether Records Exempt   The en banc Washington State Supreme Court held that a lower court prematurely decided that the identity of …
Article • September 18, 2014 • from PLN September, 2014
BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna BOP Criticized for Failing to Oversee Healthcare Administrator at FCC Butner by Derek Gilna The federal Bureau of Prisons (BOP) is facing criticism for its apparent failure to adequately oversee a Florida-based company responsible for coordinating …
Brief • June 8, 2014
Psilogy v. BoP, DC, Complaint, E-FOIA Suit, 2014 Case 1:14-cv-00969 Document 1 Filed 06/08/14 Page 1 of 4 UNITED STATES DISTRICT COURT DISTRICT OF COLUMBIA PRISOLOGY, 215 W. FRANKLIN ST. STE. 100 WAXAHACHIE, TX 75165 Plaintiff, v. 14-CV-969 FEDERAL BUREAU OF PRISONS, 320 FIRST ST. N.W. WASHINGTON, DC 20534 Defendant. …
D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna D.C. Circuit Reinstates Prisoner’s FOIA Suit by Derek Gilna Carlos Marino, incarcerated for a 1997 drug conspiracy conviction, submitted a Freedom of Information Act (FOIA) request to the Drug Enforcement Administration (DEA), seeking the agency’s investigative file for a co-conspirator who …
Publication • February 18, 2014
CREW - Private Prisons: A Bastion of Secrecy Private Prisons A BASTION OF SECRECY Introduction With ever increasing frequency, the federal government has been contracting out functions and responsibilities previously performed exclusively by the government. This trend has swept in the criminal justice system; correctional institutions, once operated wholly by …
Brief • August 19, 2013
Cause of Action v. FTC, DC, Summary Judgment Order and Opinion, FOIA Fees, 2013 Case 1:12-cv-00850-EGS Document 19 Filed 08/19/13 Page 1 of 1 UNITED STATES DISTRICT COURT FOR THE DISTRICT OF COLUMBIA ________________________________ ) ) ) Plaintiff, ) ) v. ) Civ. Action No. 1:12-cv-00850-EGS ) FEDERAL TRADE COMMISSION, …
Article • August 15, 2013
FOIA: Administrative Appeal Remedies Deemed Exhausted when Agency Fails to Timely Determine Scope of its Intended Response by In April, 2013, the D.C. Circuit clarified the circumstances under which an agency response to a request for records under the Freedom of Information Act (FOIA) is (in)sufficient to trigger the requirement …
Publication • 2013
Litigation Considerations, U.S. Department of Justice Guide to the Freedom of Information Act, 2013 Department of Justice Guide to the Freedom of Information Act 711 Litigation Considerations The President and Attorney General have issued memoranda to all agencies emphasizing that the Freedom of Information Act reflects a "profound national commitment …
Hunter v. City and County of San Francisco et al, CA, Order, public records police excessive force, 2013 Case3:11-cv-04911-JSC Document125 Filed05/28/13 Page1 of 6 1 2 3 4 5 IN THE UNITED STATES DISTRICT COURT 6 FOR THE NORTHERN DISTRICT OF CALIFORNIA 7 8 9 DARRELL HUNTER, 10 Plaintiff, Northern …
U.S. Immigration Policy: Dysfunctional, Profitable and Resistant to Reform by Derek Gilna The nation's economy remains fragile, U.S. troops continue to fight a losing war in Afghanistan, North Korea has recently threatened a nuclear attack, and in March 2013 Congress and President Obama failed to reach a compromise to prevent …
Federal Court Enters Interim Fee Award Against BOP in FOIA Suit by The Federal Bureau of Prisons (BOP) began 2013 with an adverse ruling from the U.S. District Court for the District of Oregon, after the BOP had spent several years refusing to disclose allegedly confidential information that was, in …
Article • April 15, 2013
US Court of Appeals, DC Circuit, Upholds NSA Disclosure Exemption by The United States Court of Appeals for the District of Columbia Circuit affirmed in May 2012 the U.S. District Court’s D.C. District judgment for the National Security Administration (NSA) after the NSA issued a Glomar response stating that under …
Article • April 15, 2013
US Court of Appeals Remands FOIA Suit for Dismissal by The United States Court of Appeals for the Seventh Circuit remanded in May 2012 a state Freedom of Information Act suit that pitted the Chicago Tribune against the University of Illinois for action by the state court. The court directed …
Article • April 15, 2013
US Court of Appeals Upholds CIA Glomar Response by The United States Court of Appeals for the District of Columbia Circuit affirmed in December 2011 the grant of summary judgment by the U.S. District Court for the District of Columbia in favor of the Central Intelligence Agency in a Glomar …
US District Court Orders Release of Records to Prisoner by In the United States District Court for the District of New Mexico, before U.S. Magistrate Lourdes A. Martinez, federal prisoner Anceso Rodrigo Aceves prevailed in his efforts to obtain certain prison records pertaining to himself. Defendants were officials of the …
Article • April 15, 2013
Supermax Prisoner Denied FOIA and Privacy Requests by 10th Circuit by Derek Gilna Mark Jordan, a prisoner at the United States Penitentiary Administrative Maximum Facility (ADX), in Florence, Colorado, has been denied relief under the Freedom of Information Act (FOIA), 5 U.S.C. Section 552, and the Privacy Act (PA), 5 …
Article • April 15, 2013
Supreme Court of Arkansas Weighs Hospital's Private Doctors Against FOIA by The Supreme Court of Arkansas delivered opinion in April 2012 in a Freedom of Information Act (FOIA) action levied by a law firm against three doctors and ancillary institutions involved in a medical malpractice suit. The firm of Harrill …
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