51 results for 'cat:"Government" AND cat:"Public Record"'.
J. Blakey partially grants motions for summary judgment from both a collection of immigrant rights and civil rights advocacy groups, and the U.S. Immigration and Customs Enforcement agency. The advocacy groups seek documents from the agency related to its “Citizens Academy” programs via Freedom of Information Act requests. The agency styles as the Citizens Academies as community outreach programs but it has been slow to produce the information the advocacy groups seek, and some of the documents it has produced have redactions. The court finds the agency’s search for relevant records has been adequate in all but one regard, and orders both parties to prepare a sample of contested documents for in-camera review.
Court: USDC Northern District of Illinois, Judge: Blakey, Filed On: May 8, 2024, Case #: 1:21cv2519, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, Immigration, public Record
J. Durkin partially grants motions for summary judgment from both the FBI and the journalist who is suing over access to records. The journalist accuses the FBI of illicitly monitoring Arab and Muslim communities in Chicagoland from the late 90s through early 2000s, and sued the bureau for the relevant files. The files the FBI produced were heavily censored, and now the court finds it must lift any redactions in the relevant documents concerning identified individuals’ race, ethnicity and nationality. However, the court will also allow the FBI to withhold documents that the bureau deemed too sensitive to be shown publicly.
Court: USDC Northern District of Illinois, Judge: Durkin, Filed On: May 3, 2024, Case #: 1:17cv4782, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, public Record, Privacy
J. Boasberg partially grants the Justice Department's motion for summary judgment in the public-policy organization's Freedom of Information Act suit seeking the release of communications regarding a dismissed FBI agent alleged to have leaked information to the media and improperly discredited information about Hunter Biden. He also partially grants the organization's cross-motion for summary judgment. While the Bureau is correct that some of the requested records are subject to FOIA exemptions for law-enforcement records and invasions of privacy interests, the balance of interests favors release of non-law-enforcement records containing the agent's last name and the term "whistleblower," or the agent's last name with the last name of his accuser, "Grassley."
Court: USDC District of Columbia, Judge: Boasberg, Filed On: April 29, 2024, Case #: 1:23cv1148, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, public Record
J. Moss partially grants the FDA's motion for summary judgment and the tobacco vaporizer maker's cross-motion for summary judgment in a Freedom of Information Act suit brought by the vape maker seeking information on its denied premarket tobacco applications. The FDA's withholding of records under an exemption for "inter-agency or intra-agency memorandums or letters" was proper because those documents were part of the deliberative process, regardless of the vape maker's various arguments that they were produced after the agency's decisions were made, because they were nevertheless produced before those decisions were finalized and published. Memos summarizing scientific data also are not privilege-free scientific reports in this case, since they were compiled for deliberative purposes. The agency has also established that the release of withheld memos would cause foreseeable harm and would chill the ongoing supervisory review process.
Court: USDC District of Columbia, Judge: Moss, Filed On: April 23, 2024, Case #: 1:22cv2853, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Administrative Law, government, public Record
J. Fischer finds the lower court properly denied the newspaper's public records requests. When combined in a single request, the names, addresses, and causes of death for deceased individuals constitute "protected health information" not subject to disclosure under the Ohio Public Records Act. Although another statute makes death certificates public information, the inclusion of a cause of death with a decedent's name and address allows a petitioner to discover the past health status of an individual - prohibited by the Public Records Act - and so petitioners cannot seek disclosure of the records "en masse." Affirmed.
Court: Ohio Supreme Court, Judge: Fischer, Filed On: April 17, 2024, Case #: 2024-Ohio-1399, Categories: government, Health Care, public Record
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J. Friedrich grants the Department of Justice's motion for summary judgment and partially grants the nonprofit's motion for summary judgment in the nonprofit's Freedom of Information Act action seeking records on the procurement of lethal-injection drugs. The names of contractors providing the drugs are confidential commercial information, as are key contract terms, and the department has shown that foreseeable harm would result from their disclosure. The department has, however, waived an exemption for some materials by publicly sharing it elsewhere. The department is ordered to produce sixteen challenged records and five publicly disclosed records for in camera review.
Court: USDC District of Columbia, Judge: Friedrich, Filed On: March 31, 2024, Case #: 1:19cv3626, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, public Record
J. Lum finds the lower court properly denied the city's motion to exclude the draft of an annual financial report from the resident's public records request. Although the document was prepared for the benefit of elected officials, it was required to be sent to the state auditor and, therefore, did not involve any official discretion and was not work product subject to exemption under the Colorado Open Records Act. Affirmed.
Court: Colorado Court Of Appeals, Judge: Lum, Filed On: March 28, 2024, Case #: 2024COA30, Categories: government, public Record
J. Armstead reverses the lower court's order granting the state tax department's motion to dismiss the non-profit tax news publisher's suit seeking to compel the department to disclose copies of current field audit manuals, audit training manuals, and training and continuing education materials under the West Virginia Freedom of Information Act. The judge erred in accepting carte blanche the department's reliance on the section of W. Va. Code prohibiting the release of documents that disclose the standards used “for the selection of [tax] returns for examination or data used or to be used for determining such standards” without first requiring it to produce a Vaughn Index "to detail why the requested information is exempt from disclosure and identify which exemption applies." Reversed.
Court: West Virginia Supreme Court Of Appeals, Judge: Armstead, Filed On: March 15, 2024, Case #: 22-491, Categories: government, public Record, Tax
J. McGee finds the lower court properly denied a petition for judicial review. A journalist requested to view surveillance video of an incident that allegedly occurred inside a jail, which was denied by the sheriff’s office as well as the District Attorney General’s Office. The lower court found that the requested surveillance video involved the security of a government building and was not subject to disclosure to the public pursuant to a statutory exemption specifically pertaining to surveillance video. The instant court finds no error in the lower court findings. Affirmed.
Court: Tennessee Court of Appeals, Judge: McGee, Filed On: March 11, 2024, Case #: W2023-00293-COA-R3-CV, Categories: government, public Record
J. Contreras denies, in part, the CIA's motion for summary judgment on a news publication's Freedom of Information Act case seeking records related to U.S. foreign relations and operations between the 1940s and 1970s. The CIA fails to sufficiently support certain withholdings under the National Security Act, and must submit an ex parte in camera declaration related to those withheld documents.
Court: USDC District of Columbia, Judge: Contreras, Filed On: March 7, 2024, Case #: 1:22cv1138, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: Communications, government, public Record
J. Seeley finds the lower court properly determined the log created by the town employee regarding allegations of misconduct against the former chief of police was a public document subject to disclosure following a Freedom of Information Act request. The conduct of the chief, which led to administrative leave and his eventual retirement, is undoubtedly a matter of public concern and was received by a public agency when the employee transferred it to the city manager. Additionally, even though the log was given to the town attorney to formulate a plan regarding the chief of police, it was created as a series of personal observations and not for seeking legal advice. Therefore, the lower court properly determined it was not protected by attorney-client privilege. Affirmed.
Court: Connecticut Court Of Appeals, Judge: Seeley, Filed On: March 1, 2024, Case #: AC45885, Categories: government, public Record, Privilege
J. Neeley finds the trial court properly convicted the county judge for violations of the Texas Open Meetings Act. The county attorney learned of a meeting that occurred between the judge and members of the commissioner's court without his presence. Surveillance video and testimony from the court members show the judge improperly made motions to hire a road engineer and discussed budget issues outside the presence of the county attorney. Affirmed.
Court: Texas Courts of Appeals, Judge: Neeley, Filed On: February 29, 2024, Case #: 12-23-00191-CR, Categories: government, Judiciary, public Record
J. Johnson grants the Department of Energy's motion for summary judgment, ruling testimony from its employees regarding search efforts based on the nonprofit's Freedom of Information Act request, including the search terms used and the documents eventually produced by the search, is sufficient to satisfy the standards required for a document search under the Act.
Court: USDC New Mexico, Judge: Johnson, Filed On: February 29, 2024, Case #: 1:23cv343, NOS: Freedom of Information Act (FOIA) - Other Suits, Categories: government, public Record
J. Mullins finds the Freedom of Information Commission erroneously refused to apply the law enforcement exemption of Connecticut's public records law when the son of a murder victim requested various documents related to the police investigation into the murder. Although the case had been considered cold at the time of the request, testimony from investigating officers revealed there was enough evidence to develop a suspect and the officers periodically worked the case based on new leads. The commission failed to properly apply the correct standard when it weighed the evidence and ultimately granted the son's request and, therefore, the case will be remanded to allow for proper analysis as to whether law enforcement's investigation and potential prosecution will be prejudiced by the release of the documents. Reversed.
Court: Connecticut Supreme Court, Judge: Mullins, Filed On: February 27, 2024, Case #: SC20656, Categories: government, public Record
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. 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
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
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
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
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. 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. 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. Reyes affirms the district court's dismissal of the data requesters' action seeking data related to election procedures from a county director of property tax and elections. The director is a designee, not the responsible authority, for the relevant data under the Minnesota Government Data Practices Act, and therefore was not a proper defendant for this case. The district court also did not err in dismissing the case without joining the responsible authority as a defendant, nor in dismissing the requesters' request for a declaratory judgment as to whether the county's procedures complied with the Act. It also did not err in determining that it lacked subject-matter jurisdiction over a count seeking a prohibition of the use of modems in voting machines, since the requesters did not comply with relevant service requirements. Affirmed.
Court: Minnesota Court Of Appeals, Judge: Reyes, Filed On: December 18, 2023, Case #: A23-0302, Categories: Elections, government, public Record