301 results for 'cat:"Public Record"'.
J. Iannacci finds that the lower court improperly dismissed this Freedom of Information Law suit. While much of the information sought can be found on the village's public website, that is insufficient to satisfy a request under the Law for reproduction of such materials. Further, questions of fact remain as to the village's ability to locate and produce the requested records. Reversed.
Court: New York Appellate Divisions, Judge: Iannacci, Filed On: November 1, 2023, Case #: 05500, Categories: public Record
J. Tailor finds that the lower court properly ordered the Journal of American Medical Association to produce a privilege log and found that the subject documents concerning the journal's decision not to publish a researcher's original article are not protected under a common law peer review privilege because no such privilege exists under Illinois law. However, the journal's internal communications are nonetheless protected, as there is no merit to the contention that the FDA somehow pressed the journal not to publish the article. Affirmed in part.
Court: Illinois Appellate Court, Judge: Tailor, Filed On: October 27, 2023, Case #: 221666, Categories: Health Care, public Record
[Consolidated.] J. Taylor finds that the Kentucky Open Government Coalition was entitled to cell phone-based emails and text messages sent between present and past members of the Department of Fish and Wildlife Resources Commission under the state Open Records Act. The Commission did not pay for volunteer members' cell phones, but they used their phones to perform public duties. Meanwhile, the Commission did not request personal texts.
Court: Kentucky Court Of Appeals, Judge: Taylor, Filed On: October 27, 2023, Case #: 2022-CA-0170-MR, Categories: public Record
[Consolidated.] J. Brennan finds that the lower court properly found for the government in a Freedom of Information Act suit seeking the disclosure of information about a man's transfer from ICE custody to officials in Indiana. ICE properly withheld the redacted information as the crime-fraud exemption does not apply because there is no factual foundation for the man's claim that ICE intentionally misled the habeas court. Affirmed.
Court: 7th Circuit, Judge: Brennan, Filed On: October 25, 2023, Case #: 22-2445, Categories: public Record
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[Consolidated.] J. Greenwood overturns the trial court's finding that a city's response to public records requests by a legal advocacy group violated the Public Records Act. The group's claim is moot because the city has produced all responsive nonexempt footage of a police operation to clear homeless encampments from water district property. However, the trial court properly rejected the group's claim that the city violated the Act by destroying body-worn camera footage while the group's public records requests were pending, as the Act does not require public agencies to retain all records that might be requested. Reversed in part.
Court: California Courts Of Appeal, Judge: Greenwood, Filed On: October 23, 2023, Case #: H049552, Categories: public Record
J. Burroughs grants a man’s motion to amend his complaint against a company he alleges violated the Fair Credit Reporting Act and other laws by providing reports, to the fire department the man applied to work for, which included protected details of the man’s criminal record. The man sufficiently supports that false statements were made in the reports disclosed to the fire department.
Court: USDC Massachusetts, Judge: Burroughs, Filed On: October 20, 2023, Case #: 1:21cv11533, NOS: Consumer Credit - Other Suits, Categories: public Record, Defamation
J. Bright finds that the lower court improperly upheld the Freedom of Information Commission’s finding that a city violated the Freedom of Information Act by declining to make available any and all unredacted records of an individual’s criminal murder case. The city failed to explain why exemptions applied to the request. Reversed.
Court: Connecticut Court Of Appeals, Judge: Bright, Filed On: October 20, 2023, Case #: AC45287, Categories: public Record, Privilege
J. Davenport finds that the lower court properly awarded the man statutory attorney fees after his Freedom of Information Act suit prompted the city to produce the requested documents. On the record, filing a lawsuit was reasonably necessary to obtain the requested documents, but the court acted within its discretion by reducing the requested amount of $62,000 to $20,000. Affirmed.
Court: Illinois Appellate Court, Judge: Davenport, Filed On: October 17, 2023, Case #: 220392, Categories: public Record, Attorney Fees
J. Contreras denies, in part, the Department of Justice's motion for summary judgment pertaining to withheld documents in a trauma center's Freedom of Information Act case concerning the department's office of immigration litigation. Certain documents are not exempt from disclosure, as they are not protected by either attorney-client privilege or deliberative process privilege.
Court: USDC District of Columbia, Judge: Contreras, Filed On: October 17, 2023, Case #: 1:20cv3517, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Immigration, public Record
J. Richardson denies the plaintiffs' second request for a preliminary injunction in this lawsuit asserting violations of the Tennessee Open Meetings Act and Section 1983. The plaintiffs, which include a high school student and her father, seek an injunction requiring the defendant book review committee "to publish adequate public notice of its meetings in advance of them." However, they fail to demonstrate a likelihood of success on the merits, as the committee's "gatherings" are unlikely to be considered "meetings" under the Act.
Court: USDC Middle District of Tennessee , Judge: Richardson, Filed On: October 13, 2023, Case #: 3:23cv181, NOS: Other Civil Rights - Civil Rights, Categories: Civil Procedure, public Record
Per curiam, the appellate division finds that the lower court improperly denied the requestor's application for attorneys' fees in a Freedom of Information Law suit. The real of Civil Rights Law 50-a applies retroactively to police disciplinary records created prior to June 12, 2020. Therefore, the police department had no reasonable basis for denying access to the requested records for more than one year. Reversed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 12, 2023, Case #: 05193, Categories: public Record, Attorney Fees
J. Holcomb grants the SEC's partial motion for summary judgment and dismisses an individual's motion for sanctions regarding several Freedom of Information Act requests filed by the individual and the SEC's decision to redact or withhold certain documents. The individual has not included any documents or emails that corroborate his accusations. The individual's "claims of a vast and nefarious conspiracy certainly qualify as extraordinary; regrettably, cursory references to Wikipedia, headlines, and his own book certainly do not."
Court: USDC Central District of California, Judge: Holcomb, Filed On: October 11, 2023, Case #: 5:21cv1637, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: public Record
Per curiam, the appellate division finds that the lower court properly denied the press outlet's request for costs and attorneys' fees in a Freedom of Information Act suit. The information sought by the outlet was not maintained by the city, and the city was not required to create a new record in order to comply with the request, although it ultimately chose to do so. Affirmed.
Court: New York Appellate Divisions, Judge: Per curiam, Filed On: October 10, 2023, Case #: 05098, Categories: public Record, Attorney Fees
J. Coghlan finds that the lower court properly found for the county, which denied the convicted murderer's request for 35 autopsy photographs of his victim. The county did not act in bad faith when it found the photos exempt from disclosure out of respect for the personal privacy of the victim's privacy. This interest far outweighs the claim that the photos could prove the convicted man's innocence. Affirmed.
Court: Illinois Appellate Court, Judge: Coghlan, Filed On: October 10, 2023, Case #: 211656, Categories: public Record
J. Lipinsky finds the individuals who petitioned to have "Gender Queer: A Memoir" removed from a public library are library users under the Colorado Open Records Act and, therefore, their personal information was exempt from disclosure under the Act and properly redacted by the library. The reconsideration forms filled out by the petitioners are part of a service provided by the library, which entitles them to protection under the Act and prevents the public records requester from knowing their identities. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lipinsky, Filed On: October 5, 2023, Case #: 2023COA93, Categories: Civil Procedure, public Record
J. Kennelly splits competing summary judgment motions between a Northwestern University professor pursuing FOIA requests, and several U.S. government agencies seeking to block those FOIA requests. The professor is conducting research into the government’s practice of deporting its own citizens and in pursuit of that research filed FOIA requests with the Department of Health and Human Services, the Department of Homeland Security, Customs and Border Protection, Immigration and Customs Enforcement, the United States Citizenship and Immigration Services, the Department of Justice, and the Executive Office for Immigration Review. The agencies didn’t respond to several of these requests, so he filed suit. The court partially resolves the dispute by dismissing the DOJ and DHS as defendants, ordering the remaining agencies to provide some the information the professor requested, while allowing them to withhold other information. The court will also allow the professor to replead her case for several of the FOIA requests the court denied in this ruling.
Court: USDC Northern District of Illinois, Judge: Kennelly, Filed On: October 2, 2023, Case #: 1:22cv5072, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Government, Immigration, public Record
Per curiam, the Supreme Court of Ohio grants, in part, an individual's motion for a writ of mandamus, ruling he is entitled to camera footage and other public records the warden failed to provide and that are not exempt from disclosure under the Ohio Public Records Act. Additionally, the warden's failure to provide the public records and his improper responses to the initial requests entitles him to $3,000 in statutory damages.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 27, 2023, Case #: 2023-Ohio-3399, Categories: public Record, Damages