301 results for 'cat:"Public Record"'.
J. Boasberg denies, in part, the Department of Defense's motion to dismiss a military member's Freedom of Information Act, equal protection and race discrimination action arising from the revocation of his security clearance. He has sufficiently alleged certain aspects of his Privacy Act and Freedom of Information Act claims.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: January 22, 2024, Case #: 1:23cv1471, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record, Privacy, Military
Per curiam, the Supreme Court of Ohio denies, in part, the petitioner's request for a writ of mandamus because the production of certain documents by the county prosecutor mooted a portion of the claim. However, because a portion of the documents required to be created under a local ordinance were not produced, he is entitled to a limited writ to compel the prosecutor to provide copies of the documents within 14 days.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-104, Categories: public Record
J. Suddaby declines to hold New York’s corrections and community supervision department in contempt of the court’s prior preliminary injunction. The litigant in the case, a disabled persons advocacy group, argued the department violated the order when it's special investigations office provided records which had important information regarding two confidential witnesses redacted, including their names and department ID numbers. The court finds the language of the injunction was not sufficiently clear or unambiguous and that the department’s action were a good faith attempt to comply with the order.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 17, 2024, Case #: 1:21cv739, NOS: Other Civil Rights - Civil Rights, Categories: Contempt, Government, public Record
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J. Theofanis finds that the trial court properly declined to issue a ruling in favor of Texas Attorney Ken Paxton and Gov. Greg Abbott in a lawsuit seeking to force the two politicians to release years of their communications, including emails regarding the Jan. 6 attack on the U.S. Capitol. The trial court has jurisdiction to issue writs of mandamus against Paxton and Abbott in their official capacities to compel them to produce public information under the Public Information Act.
Court: Texas Courts of Appeals, Judge: Theofanis, Filed On: January 17, 2024, Case #: 03-23-00090-CV, Categories: Government, public Record, Jurisdiction
Per curiam, the Supreme Court of Ohio denies an individual's request for a writ of mandamus because the Ohio Public Records Act does not require the county agency to allow him to inspect certain public records in their native format, while certain documents he requested are also controlled by a separate agency uninvolved in this action. However, because the county agency took nearly five months to respond to his initial request, he is entitled to $1,000 in statutory damages for the delay.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: January 17, 2024, Case #: 2024-Ohio-103, Categories: public Record, Damages
J. Suddaby rules in favor of New York State’s correctional and community supervision department on claims that it failed to provide timely access to complete and unredacted records regarding two inmates, one of whom died while in custody. The court finds the advocacy group’s claims are moot because the department had already provided the requested documents per the court’s orders, and there is little evidence to suggest the agency will make the same mistakes in the future.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 16, 2024, Case #: 1:20cv1487, NOS: Other Civil Rights - Civil Rights, Categories: public Record
J. Contreras denies, in part, the Federal Trade Commission's motion for summary judgment on Bloomberg's Freedom of Information Act case seeking records related to the FTC's pre-consummation warning letters it sends to businesses that plan to acquire voting securities or assets of other businesses. Contrary to the agency's argument, some of the requested information is not exempt from disclosure.
Court: USDC District of Columbia, Judge: Contreras, Filed On: January 16, 2024, Case #: 1:22cv3309, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Corporations, public Record
J. Fisher finds that the lower court properly dismissed a union president's request to review the state's denial of a freedom of information request seeking results, by ethnicity and gender, of all applicants taking 12 specific civil service exams. Privacy issues were cited concerning applicants who failed the tests because the union had access to other data that could identify those individuals, contrary to statute. Affirmed.
Court: New York Appellate Divisions, Judge: Fisher, Filed On: January 11, 2024, Case #: CV-22-1978, Categories: Employment, public Record
J. Baker finds the trial court improperly ruled in favor of a district attorney in a Public Information Act case in which the district attorney sought to withhold the names of impaneled grand jurors. Considering "the fact that grand jurors' names are necessarily made public during the grand-juror-selection process, that the default rule in the Code of Criminal Procedure that court proceedings are public, and that the presumption in the PIA that all information maintained or collected by governmental bodies is 'public information,'" grand jurors' names are not excepted from disclosure. Reversed.
Court: Texas Courts of Appeals, Judge: Baker, Filed On: January 11, 2024, Case #: 03-22-00238-CV, Categories: Government, Jury, public Record
J. Pohlman holds that the district court must reconsider its denial of attorney fees to a reporter who intervened in a county commissioner's challenge to a release of public records. On remand, the district court should broaden its reading of the attorney fee provision of the Government Records Access and Management Act, which does not necessarily bar fee awards to third-party intervenors, and address whether the reporter substantially prevailed and whether her fees and costs were reasonable. Also, the reporter's court filing satisfied the Act's requirement that a records requester provide a statement of position to the records holder 20 days before incurring the attorney fees the reporter seeks to recover. Reversed.
Court: Utah Supreme Court, Judge: Pohlman, Filed On: January 11, 2024, Case #: 20220738, Categories: public Record, Attorney Fees
J. Virden finds the trial court improperly denied the request for arrest reports and other materials under the Arkansas Freedom of Information Act. The trial court improperly interpreted case law involving the availability of materials during an ongoing investigation, improperly applying the undisclosed-investigations exemption. The case law did not establish a rule on what constitutes an undisclosed or ongoing investigation. Reversed.
Court: Arkansas Court Of Appeals, Judge: Virden , Filed On: January 10, 2024, Case #: CV-22-751, Categories: public Record, Due Process
J. Contreras denies, in part, four government agencies' motion for summary judgment on a group's Freedom of Information Act case seeking records related to the agencies' acquisition or use of commercially available information about certain current and former Congress members. The agencies must conduct a search for certain policy documents, as they fail to show their Glomar responses to that subset of information was justified.
Court: USDC District of Columbia, Judge: Contreras, Filed On: January 5, 2024, Case #: 1:22cv1812, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, public Record
J. Kacsmaryk finds for a nonprofit on its Freedom of Information Act case seeking 7.8 million text responses to the government's call for information from those who received a Covid-19 vaccine, including symptoms, adverse events, hospitalization or treatment, and safety issues. Production of the data, which will include the registrant number but redact personal identifying information, is not unreasonably burdensome.
Court: USDC Northern District of Texas , Judge: Kacsmaryk, Filed On: January 5, 2024, Case #: 2:23cv102, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Health Care, public Record, Covid-19
J. Suddaby enters judgment in favor of New York state’s prison system on equitable relief claims alleging that it failed to properly respond to an inmate advocacy group’s request for documents related to a group of inmates, one of whom died while in prison custody. The 11th Amendment bars the federal judiciary from issuing declaratory relief against state officials for past violations, and in regards to the merits on their claims, the court finds the laws regulating disclosure of inmate documentation, which states document requests must be fulfilled within three days, is geared more towards copy requests made in person upon physical inspection at the respective prison facility, to allow the document custodian to properly review the documents to ensure inmates’ privacy is protected.
Court: USDC Northern District of New York, Judge: Suddaby, Filed On: January 2, 2024, Case #: 1:18cv980, NOS: Other Civil Rights - Civil Rights, Categories: public Record, Prisoners' Rights
J. Contreras denies, in part, Immigration and Customs Enforcement's motion for summary judgment on a press group's Freedom of Information Act case seeking records concerning two asylum seekers and information on ways calls from detainees at ICE facilities in El Paso, Texas were limited or blocked. The agency has failed to show it conducted a good faith search for the records at issue.
Court: USDC District of Columbia, Judge: Contreras, Filed On: December 28, 2023, Case #: 1:18cv2932, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Immigration, public Record
J. Fujisaki holds that recent legislation opening the records of law enforcement officers who have engaged in misconduct supersedes the disclosure exemptions of the Public Records Act. The new transparency law requires disclosure of officer-related records that are held by any state or local agency conducting a review or investigation into allegations of officer misconduct. However, the trial court properly found that a report into alleged misconduct by corrections officers created by the Office of the Inspector General was properly withheld because the Office is not a subdivision of any other governmental entity and falls outside the scope of the Public Records Act.
Court: California Courts Of Appeal, Judge: Fujisaki, Filed On: December 28, 2023, Case #: A165888, Categories: public Record
J. Brown finds the lower court erroneously granted the senior living community's motion to dismiss a resident's request to see its bank statements. Records produced by a third party - in this case, the community's bank - are subject to disclosure to a resident under the Colorado Common Interest Ownership Act and clearly fall under the category of a "detailed record of receipts and expenditures." Reversed.
Court: Colorado Court Of Appeals, Judge: Brown, Filed On: December 28, 2023, Case #: 2023COA125, Categories: Evidence, public Record
J. Lazar finds the circuit court improperly dismissed a voter group’s petition for writ of mandamus that sought for a public record request to obtain voter eligibility notices containing statutorily information required to be communicated to local officials. The group has demonstrated these records are appropriate under the public records law. The court holds that the group is entitled to redacted requested forms and remands this case for further proceedings. Reversed.
Court: Wisconsin Court of Appeals, Judge: Lazar, Filed On: December 27, 2023, Case #: 2023AP36, Categories: Elections, public Record
J. Perez Friscia finds that the trial court properly ruled for the township in claims contending the police department failed to release body camera footage of an officer related to sexual misconduct allegations. The recording is exempt from open record law because the individual involved in the altercation with the officer had not been arrested. Affirmed.
Court: New Jersey Appellate Division, Judge: Perez Friscia , Filed On: December 27, 2023, Case #: A-1673-22, Categories: public Record
J. Huffman holds, on first impression, that the trial court must revisit a police department’s denial of a reporter's request for video footage from 911 drone flights. The reporter requested footage from one month of flights made under a test program using drones as first responders. The footage is not categorically exempt as an investigatory record under the Public Records Act since some drone missions are making factual inquiries to see what assistance is needed. Also, the city failed to show that the Act's catchall provision allowed it to deny requests for footage from non-exempted factual inquiries on privacy grounds. Vacated.
Court: California Courts Of Appeal, Judge: Huffman, Filed On: December 27, 2023, Case #: D082048, Categories: public Record
Per curiam, the Supreme Court of Ohio finds the Cedar Point Police Department, created for and employed exclusively by a theme park, is required to respond to public records requests filed by news organizations. While it was not created by a state or local government, it serves as the functional equivalent of a public office through its law enforcement activity. Therefore, the news entities in this case are entitled to a limited writ of mandamus to compel production of documents related to incidents of alleged sexual abuse at the park's housing facilities, as well as reports related to an injury that occurred near one of the park's rollercoasters, but they will not be awarded attorney fees or statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: December 20, 2023, Case #: 2023-Ohio-4593, Categories: public Record, Attorney Fees
J. Rivera finds that the appellate division properly held that training materials prepared by counsel for state parole board commissioners were exempt from disclosure under New York's Freedom of Information Law because the documents requested by a nonprofit public defender group constituted attorney-client legal analysis. Affirmed.
Court: New York Court Of Appeals, Judge: Rivera, Filed On: December 19, 2023, Case #: 91, Categories: public Record, Privilege