301 results for 'cat:"Public Record"'.
J. Contreras denies, in part, the Department of Veterans Affairs' motion for summary judgment on an association's Freedom of Information Act case seeking records related to the policies of the department's police force at VA facilities. Certain withheld information is segregable and must be disclosed.
Court: USDC District of Columbia, Judge: Contreras, Filed On: February 27, 2024, Case #: 1:21cv1298, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, Veterans, Military
J. Seller finds the lower court correctly ruled when denying a citizen's open records request for immediate access to settlement agreements between the city and carpet/chemical manufacturers regarding pollution of the municipality’s water with PFAS, i.e. “forever chemicals.” There is currently bidding regarding a new water-treatment facility, so it is not in the public's best interest to disclose the settlements before the completion of the competitive-bid process. Affirmed.
Court: Alabama Supreme Court, Judge: Sellers, Filed On: February 23, 2024, Case #: SC-2023-0530, Categories: public Record, Water, Business Practices
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J. Schutz finds the censure of the trustee during an executive session by the board of trustees constituted a formal action by the board because it implicated public concerns and would affect the town at large. Therefore, the action violated the Colorado Open Meetings Law because it was not conducted in a public session and the lower court erroneously denied the trustee's motion for summary judgment. On remand, the lower court is ordered to enter a judgment to declare the censure void and award reasonable attorney fees to the trustee. Reversed.
Court: Colorado Court Of Appeals, Judge: Schutz, Filed On: February 22, 2024, Case #: 2024COA18, Categories: Government, public Record, Attorney Fees
J. Pearce finds that the district court improperly denied an adoptee’s petition to unseal her birth parents’ records. The adoptee argues knowing the identity of her parents was necessary so the child could know health, genetic or social information about her family. The district court concluded she had failed to establish good cause for the records, but focused solely on the mother’s privacy. This case is remanded to evaluate the motion and correctly balance the weight of the mother’s privacy with why the adoptee wants the records. Reversed.
Court: Utah Supreme Court, Judge: Pearce, Filed On: February 22, 2024, Case #: 20221097, Categories: Family Law, public Record, Privacy
Per curiam, the Supreme Court of Ohio finds the inmate is entitled to statutory damages of $1,000 for the warden's initial refusal to provide a copy of the mental health documentation sought through a public records request, as the warden failed to provide any evidence to rebut the inmate's claim the document was available at the time of his initial filing.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: February 21, 2024, Case #: 2024-Ohio-596, Categories: public Record, Damages
J. Wan finds that the lower court improperly denied the prisoner's motion to compel the DA's production of all crime scene reports, police memos, witness statements, and video recordings related to defendant's murder conviction. Defendant's request will not interfere with the federal habeas petition, given his use of known and accepted practices intended to pause adjudication of the federal habeas proceeding pending the outcome of state proceedings. Reversed.
Court: New York Appellate Divisions, Judge: Wan, Filed On: February 21, 2024, Case #: 00908, Categories: public Record
J. Wolford allows plaintiff to continue amended claims contending customs and border protection wrongfully revoked a Canadian attorney's membership in the "trusted traveler program," falsely arrested him, and withheld agency records. The agency's discretion is not beyond review under the Administrative Procedure Act, and the attorney plausibly alleged he had been aggrieved by being disqualified from the program. However, the attorney failed to properly name individual customs officers in constitutional claims.
Court: USDC Western District of New York, Judge: Wolford , Filed On: February 21, 2024, Case #: 1:23cv257, NOS: Administrative Procedure Act/Review or Appeal of Agency Decision - Other Suits, Categories: Civil Rights, Immigration, public Record
J. Boardman grants, in part, summary judgment in favor of the Food and Drug Administration, its commissioner and a technology company in this Freedom of Information Act claim brought by two other firms. The firms alleged the FDA is improperly withholding the tech company’s emergency use request. The court finds the disclosure is protected by exemption four and precluded by the Trade Secret Act. Summary judgment is granted to the government on all but three copies of the communication between the FDA and the tech company. The two firms’ request to open discovery is denied.
Court: USDC Maryland, Judge: Boardman, Filed On: February 21, 2024, Case #: 8:23cv489, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, Discovery
Per curiam, the appellate division finds that the lower court improperly dismissed the non-profit's request for records based on the agency's assertion of the intra-agency materials exemption. The non-profit is entitled to in camera review of the withheld documents to determine the applicability of the exemption to the documents, which are plainly relevant to the non-profit's request. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: February 20, 2024, Case #: 00860, Categories: public Record
J. Childs upholds the district court's ruling the government properly redacted the names of certain low-level employees from a spreadsheet of salaries of those who worked on former President Trump's outgoing transition teams in a news publication's Freedom of Information Act case. The redactions were proper under exemption 6 under the Act, as release of the information would have been an invasion of privacy. Affirmed.
Court: DC Circuit, Judge: Childs, Filed On: February 16, 2024, Case #: 22-5330 , Categories: Elections, public Record, Privacy
J. Lamberth grants $17,000 in attorney fees and costs to a group following its Freedom of Information Act case against the IRS seeking records related to alleged meetings between the agency's commissioner and FTX, "a famously scandal-ridden and now-bankrupt cryptocurrency exchange." The IRS repeatedly refused to process the request and, although it failed to find responsive records, the group is considered the prevailing party following the FOIA litigation.
Court: USDC District of Columbia, Judge: Lamberth, Filed On: February 16, 2024, Case #: 1:23cv340, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, Tax, Attorney Fees
J. Herndon grants a reporter's petition for a writ of mandamus challenging local rules of access to child custody proceedings. The reporter's access was denied due to the father's request the court seal the record. A court's failure to consider whether to close on a case-by-case basis falls short of the requirement that closure be tailored to serve a compelling interest. Because family law proceedings are presumptively open and the local rules at question preclude the court from applying the case-by-case balancing test, they are unconstitutional.
Court: Nevada Supreme Court, Judge: Herndon , Filed On: February 15, 2024, Case #: 85195, Categories: Constitution, Family Law, public Record
J. Howell denies, in part, the Federal Energy Regulatory Commission's motion for summary judgment on a nonprofit's Freedom of Information Act case seeking certain FERC commissioners' calendars and phone records. The name of a lobbyist who had lunch with a chairman on a certain date must be released, as the agency concedes it "'should definitely not have [been] withheld.'"
Court: USDC District of Columbia, Judge: Howell, Filed On: February 12, 2024, Case #: 1:22cv3420, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Energy, Environment, public Record
J. Russell grants the National Security Agency’s motion for summary judgment following two requests for the disclosure of records under the Freedom of Information Act suit brought by a man seeking intelligence records. The man argues that the agency withheld the records in bad faith. The court sees no bad faith and finds the agency did cooperate by sending him many letters informing him they needed additional information.
Court: USDC Maryland, Judge: Russell, Filed On: February 7, 2024, Case #: 1:21cv2412, NOS: Other Civil Rights - Civil Rights, Categories: Government, public Record
J. Chutkan denies, in part, the Centers for Medicare and Medicaid Services' partial motion to dismiss a group's Freedom of Information Act case seeking records regarding certain types of Medicare, how payment rates are set and related data. The group has adequately pleaded its claim seeking to enjoin the agency from violating the Act by delaying its disclosure of non-exempt documents.
Court: USDC District of Columbia, Judge: Chutkan, Filed On: February 5, 2024, Case #: 1:21cv2784, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, Medicare, Injunction
J. Bacon finds a tenant is entitled to a new trial following dismissal of his appeal in a landlord-tenant dispute. The metropolitan court's status as a court of record for the case required it to create a record of the trial for appellate proceedings, regardless of whether such a record was requested by either of the parties. Additionally, the local rule that requires a party to request a record of proceedings prior to trial will be struck down, as it conflicts with state law, and courts will be asked to create audio recordings of proceedings moving forward. Reversed.
Court: New Mexico Supreme Court, Judge: Bacon, Filed On: February 5, 2024, Case #: S-1-SC-35619, Categories: Civil Procedure, Landlord Tenant, public Record
J. Fisher finds that the lower court properly granted a request to annul the state agency's denial of union requests for records associated with the disciplinary hearings of two inmates. Although the inmates had a privacy interest in the records, in which counts against them had been found to be unsubstantiated and the records ordered to be expunged, the agency failed to indicate that redaction could not protect this interest. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: February 1, 2024, Case #: CV-23-0636, Categories: public Record, Prisoners' Rights
Per curiam, the circuit finds that the district court properly denied attorney fees and costs to plaintiff, who substantially prevailed in claims seeking FBI records in which he had been named. The court did not abuse its discretion in applying precedent because public benefit would be negligible since the information was rooted in a private interest. Affirmed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: January 29, 2024, Case #: 23-137-cv, Categories: public Record, Attorney Fees
J. Oetken partially grants the New York Times' motion for summary judgment with respect to the FBI's claimed FOIA exemption for a document responsive to the newspaper's request for a copy of the FBI's analysis of the phenomenon known as "Havana Syndrome." While the report does contain descriptions of techniques whose disclosure could risk circumvention of the law, the FBI has applied the exemption to shield other techniques already known to the public. The FBI must produce a copy of the report with redactions consistent with this opinion.
Court: USDC Southern District of New York, Judge: Oetken, Filed On: January 29, 2024, Case #: 1:22cv3590, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record
J. Fields finds that the trial court erred in awarding attorney fees and costs petitioner incurred after she rejected a settlement offer. Petitioner sought declaratory relief because a city denied her public records request for a crime victim's name. Before trial, the city provided the name and $2,500 for fees and costs that petitioner incurred up to that point. She was the prevailing party because she was the catalyst for the disclosure. But she is not entitled to $40,000 in fees and costs incurred after the offer, which was unambiguous and enforceable. Reversed.
Court: California Courts Of Appeal, Judge: Fields, Filed On: January 24, 2024, Case #: E079840, Categories: public Record, Settlements, Attorney Fees
Per curiam, the Supreme Court of Ohio denies the newspaper's petition for a writ of mandamus to compel production of travel and expense reports related to Ohio State Highway Patrol troopers' trip to the 2022 Super Bowl in Los Angeles with Ohio Governor Mike DeWine. The documents are security records under the Ohio Public Records Act and therefore, are exempt from disclosure. Payroll and lodging reports from Governor DeWine's security detail could expose protocols related to DeWine's travel habits and create a risk of harm on future trips, which entitles the documents to protection under the Act.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 23, 2024, Case #: 2024-Ohio-182, Categories: Government, public Record