36 results for 'cat:"Civil Procedure" AND cat:"Public Record"'.
J. McDermott finds that an organization was improperly denied an open records request seeking emails sent between the state auditor’s office and two investigative reporters in regard to state Covid-19 policy because the auditor did not produce the emails for 216 days, which constituted an unreasonable delay. Reversed in part.
Court: Iowa Supreme Court, Judge: McDermott, Filed On: April 26, 2024, Case #: 23-0201, Categories: civil Procedure, public Record, Covid-19
J. Aarons finds that the lower court properly dismissed a request to review the decision denying public records sought by plaintiff following revocation of his driver's license after he failed to attend a rescheduled hearing associated with his DUI arrest. The department of motor vehicles provided a copy of the hearing notice, and evidence did not indicate notice had been returned as undeliverable. Since revocation of the license was subsequently vacated, that issue is moot. Affirmed.
Court: New York Appellate Divisions, Judge: Aarons, Filed On: April 11, 2024, Case #: CV-23-0289, Categories: civil Procedure, Licensing, public Record
J. Pfeiffer finds that the lower court improperly found for the state legislature in a public records suit when the resident seeking those records did not have standing to sue. The resident seeks a ruling that House Rule 127 is unconstitutional, and violates the Sunshine Law by concealing email and postal addresses contained in requested records. The citizen did not make his request under FOIA - if he had, he could sue under FOIA. But the Missouri Sunshine Law requires a requestor be a taxpayer or citizen of the state, and the plaintiff only claims to be a resident. Reversed.
Court: Missouri Court Of Appeals, Judge: Pfeiffer, Filed On: March 5, 2024, Case #: WD86212, Categories: civil Procedure, public Record, Jurisdiction
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J. Winchester, on certiorari, finds the county court improperly denied the petition for expungement of criminal records. Though the court reasoned, and the appeals court affirmed, the petitioner was not qualified to seek relief because of an ongoing federal and Cherokee Tribe investigation, the investigation does not constitute pending charges. Since the court ruled solely on whether the petitioner was qualified, the state bureau of investigation did not present any evidence for the court to determine whether there was any public interest in keeping the records open. Vacated.
Court: Oklahoma Supreme Court, Judge: Winchester, Filed On: February 27, 2024, Case #: 119998, Categories: civil Procedure, public Record, Native Americans
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
[Consolidated.] J. Ceresia finds that the lower court properly dismissed public record claims related to hospital treatment received by Covid-19 patients and statistics on hospital deaths, both generally and tied to Covid-19, as requested by a media company that produces health care content geared to doctors and policymakers. The records access officer for the health department certified that the documents did not exist or could not be found despite a diligent search. Affirmed.
Court: New York Appellate Divisions, Judge: Ceresia, Filed On: December 7, 2023, Case #: 536110, Categories: civil Procedure, public Record, Covid-19
J. Mazzant grants-in-part the requestor's motion for clarification of a prior memorandum opinion and order in a Freedom of Information Act case involving information relating to Seth Rich. The federal government is ordered to produce a Vaughn index addressing the responsive information regarding Rich's work laptop, DVD, tape drive and a compact disk having images of Rich's personal laptop.
Court: USDC Eastern District of Texas , Judge: Mazzant, Filed On: November 28, 2023, Case #: 4:20cv447, NOS: Other Statutory Actions - Other Suits, Categories: civil Procedure, public Record, Agency
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
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. Chutz finds that the trial court properly ordered LSU to produce records responsive to some of PETA's requests for records relating to the use of birds in research at the university. The university did not show there was any law denying public access to the relevant veterinary care and animal use records in the specified requests. Affirmed in part.
Court: Louisiana Court Of Appeal, Judge: Chutz, Filed On: September 19, 2023, Case #: 2022CA0976, Categories: civil Procedure, Education, public Record
J. McLeese vacates, in part, the trial court's denial of relief to an individual in a Freedom of Information Act case, in which he seeks documents related to decisions made against dentists by the Board of Dentistry. The trial court improperly determined the district's refusal to grant him a fee waiver was judicially unreviewable. Vacated in part.
Court: DC Court of Appeals, Judge: McLeese, Filed On: September 14, 2023, Case #: 19-CV-1239 , Categories: civil Procedure, public Record
Per curiam, the Supreme Court of Ohio finds the inmate's petition for a writ of mandamus to compel production of certain documents became moot when the warden's assistant fulfilled the initial request. Furthermore, he is not entitled to statutory damages because he failed to follow up on the initial request prior to filing his petition with this court.
Court: Ohio Supreme Court, Judge: Per curiam, Filed On: September 6, 2023, Case #: 2023-Ohio-3096, Categories: civil Procedure, public Record, Damages
J. Parker finds that the lower court properly denied the appellant's petition for a writ of mandamus after the appraisal district "failed to provide him with public records he requested pursuant to the Texas Public Information Act." The appellant fails to show that the lower court abused its discretion with the ruling. Affirmed.
Court: Texas Courts of Appeals, Judge: Parker, Filed On: August 30, 2023, Case #: 07-23-00173-CV, Categories: civil Procedure, public Record
J. Boasberg denies, in part, an individual's motion to add an additional Freedom of Information Act claim to her case against the district, in which she claims it delays responding or denies requests for information from those who are critical of the police department. The individual failed to diligently pursue the new claim before the deadline to amend had passed.
Court: USDC District of Columbia, Judge: Boasberg, Filed On: August 30, 2023, Case #: 1:22cv277, NOS: Other Civil Rights - Civil Rights, Categories: civil Procedure, public Record, First Amendment
J. Contreras finds that the lower court improperly sealed certain court records. The appellant law office argues that the sealing order failed to comply with the rules of civil procedure, specifically in that there was "no written motion to seal filed." The court agrees and notes that "the requirements of Rule 76a are mandatory and may not be waived by agreement of the parties." Reversed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-23-00222-CV, Categories: civil Procedure, public Record, Sanctions
J. Contreras finds that the lower court properly dismissed the appellant's lawsuit against the Waco Police Department. The appellant, who appears pro se, sought the release of certain documents. However, he failed to file "any written response" to the city's summary judgment motion, meaning his arguments on appeal are waived. Affirmed.
Court: Texas Courts of Appeals, Judge: Contreras, Filed On: August 24, 2023, Case #: 13-22-00615-CV, Categories: civil Procedure, public Record