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Article • March 15, 2013
NACDL Wins Appeal for Eyewitness Identification Data by Brandon Sample In 2006, when Illinois officials released results from a study comparing the effectiveness of traditional eyewitness identification with other methods, the results created an uproar. The study, commissioned by the Illinois General Assembly, found the "traditional" line-up method of identification …
Article • March 15, 2013
7th Circuit Limits Use of FOIA Requests in Case Against Federal EPA by Derek Gilna The Freedom of Information Act, or FOIA, is a valuable tool in piercing the veil of secrecy that often surrounds government investigations and decision making. After Appleton Paper Inc, or API, and other companies were …
Article • March 15, 2013
DC Circuit Affirms Order Denying FOIA FBI Disclosure to Kentucky Prisoner by Derek Gilna The Court of Appeals for the District of Columbia has affirmed the district court denial of the Freedom of Information Act (FOIA) request of prisoner Benny Lee Hodge, who had sought document disclosure from the FBI …
Article • March 15, 2013
Ordinary Discovery Rules Apply to Washington PRA Actions; FOIA Reasonableness Standard Governs PRA Searches by The en banc Washington State Supreme Court held that discovery in cases under the Public Records Act (PRA) is the same as in any other civil action. The Neighborhood Alliance of Spokane County (the Alliance), …
Reintroducing the Private Prison Information Act: An Interview by Mel Motel Christopher Petrella and Alex Friedmann are leading a coalition of organizations urging U.S. Representative Sheila Jackson Lee (D-TX) to reintroduce the Private Prison Information Act during the 113th Congress. I reached them both on the phone on a busy …
Article • January 15, 2013 • from PLN January, 2013
Tenth Circuit Cites PLN Case in Denying Oklahoma Newspaper’s FOIA Request by by Derek Gilna In 2008, World Publishing Company, the publisher of the Tulsa World newspaper, requested six booking photos from the U.S. Marshals Service under the Freedom of Information Act (FOIA). The Department of Justice denied the request, …
Brief • January 14, 2013
Hiken v. DoD, CA, R&R Reducing Atty Fees, FOIA Case for Journalist Shot by U.S. Troops, 2013 Case4:06-cv-02812-YGR Document139 Filed01/14/13 Page1 of 12 1 2 3 United States District Court Northern District of California 4 5 6 7 MARGUERITE HIKEN, et al., Plaintiffs, 8 v. 9 10 DEPARTMENT OF DEFENSE, …
Article • June 15, 2012 • from PLN June, 2012
Washington Prisoners Have No Right to Inspect Records Under Public Records Act by Brandon Sample Prisoners who request records from the Washington Department of Corrections (DOC) under the Public Records Act (PRA) do not have a right to inspect records without cost, the Court of Appeals, Division II held in …
Brief • May 25, 2012
Cause of Action v. FTC, Washington, DC, Complaint, FOIA Fee Waivers, 2012 Case 1:12-cv-00850-EGS Document 1 Filed 05/25/12 Page 1 of 13 Case 1:12-cv-00850-EGS Document 1 Filed 05/25/12 Page 2 of 13 Case 1:12-cv-00850-EGS Document 1 Filed 05/25/12 Page 3 of 13 Case 1:12-cv-00850-EGS Document 1 Filed 05/25/12 Page 4 …
PLN Public Records Suit Reveals Litigation Payouts for District of Columbia DOC by Alex Friedmann As the result of a Freedom of Information Act request and subsequent lawsuit filed by Prison Legal News, litigation payouts in cases involving the District of Columbia’s prison system have been publicly disclosed. In January …
Florida Citizen Fights CCA over Public Records Request by Prison officials tend to frown on public records requests. In fact, employees at a Florida facility operated by Corrections Corporation of America (CCA) were so ruffled by a citizen’s request for records that they called the cops. Joel Chandler, 47, has …
9th Circuit Grants Public Access to Search Warrant Records by The U.S. Court of Appeals for the Ninth Circuit has overturned a District of Montana decision and granted unlimited access to search warrant records of a City of Garryowen business owner, whom the federal government investigated but declined to prosecute. …
$1,000 for Ohio Public Record Destruction; Party Must Intend to Obtain Record to Collect by The Ohio Supreme Court held that a party may not prevail on a suit for destruction of public records unless they actually intend to obtain the records in question. In July, 2007, Timothy Rhodes made …
Fourth Circuit Reverses Injunction Relating to Publication of Social Security Number on Virginia Land-Transfer Records by Derek Gilna By Derek Gilna The appeal arose from a First Amendment challenge to Virginia's Personal Information Privacy Act, Va. Code Sec. 59.1-442 to 444, part of which prohibits “[i]ntentionally communicat[ing] another individual's social …
Denial of Attorney’s Fees and Costs Reversed in New Hampshire Public Records Suit by The New Hampshire Supreme Court vacated a trial court's denial of costs under the State's "Right-to-Know Law," RSA chapters 91A and 215.A (2001 & Supp 2006). ATV Watch (ATV), a non-profit organization, monitors the use and …
Article • May 15, 2012
Pro Se Lawyer Not Entitled to FOIA Attorneys' Fees by The Second Circuit Court of Appeals held that a lawyer who represents himself in Freedom of Information Act (FOIA) litigation cannot recover attorneys' fees under 5 USC § 522(a)(4)(E). James E. Pietrangelo, II, "served as a judge advocate with the …
Article • May 15, 2012
Virginia FOIA Inapplicable to State Corporation Commission by The Virginia Supreme Court held that the Virginia Freedom of Information Act (VFOIA) does not apply to the State Corporation Commission (SCC). On May 13, 2009, George H. Christian requested that the SCC produce documents pursuant to the VFOIA. On May 22, …
Brief • February 7, 2012
Hernandez v. U.S. Customs & Border Protection Agency, LA, Order re Atty Fees, FOIA Request re Immigration Raid, 2012 Case 2:10-cv-04602-CJB-DEK Document 66 Filed 02/07/12 Page 1 of 47 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF LOUISIANA JOAQUIN NAVARRO HERNANDEZ CIVIL ACTION VERSUS NO: 10-4602 UNITED STATES CUSTOMS AND BORDER …
Federal District Court Slams Bureau of Prisons in FOIA Suit by Brandon Sample U.S. Magistrate Judge Janice M. Stewart has denied summary judgment to the federal Bureau of Prisons (BOP) in a suit filed under the Freedom of Information Act (FOIA) seeking copies of contracts between the BOP and private …
Brief • December 1, 2011
Prison Legal News v. DC, DC, Order Granting Plf Mot for Fees and Costs, 2011 SUPERIOR COURT FOR THE DISTRICT OF COLUMBIA Civil Division PRISON LEGAL NEWS, Plaintiff, v. THE DISTRICT OF COLUMBIA, Defendant. ) ) ) ) ) ) ) ) ) ) ) Case No. 2008 CA 004598 …
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