Government Records
Connecticut Supreme Court Reaffirms Public Right to Access Cold Case Records
Stephanie RiceThe Supreme Court of Connecticut issued a ruling of first impression defining the scope of an exception to the state FOIA law allowing police to withhold investigative information “to be used in a prospective law enforcement action” if disclosure would be “prejudicial to such action.”
D.C. Circuit Reinforces FOIA’s Foreseeable Harm Requirement
Stephen Stich MatchThe statute now generally requires agencies to show both that an exemption applies and that disclosure would cause recognized harm. But despite being on the books for eight years, the D.C. Circuit’s ruling is only one of a handful to grapple with the requirement.
Investigative Reporter Wins Access to California Official’s Calendar Entries
Steve ZansbergOn March 5, Judge Chang issued a Final Ruling, in a case under California’s Public Records Act, granting a Writ of Mandate that commands Governor Gavin Newsom to release the calendar entries of all meetings between his Cabinet Secretary and any representative of Pacific Gas & Electric in May 2023.
Virginia Media Win Access to Report on School Shooting
David B. Lacy and Harley J. McClellanThe Circuit Court held that the Virginia Freedom of Information Act required disclosure of a school board’s investigation report into a graduation shooting even though a law firm conducted the investigation and prepared the report.
Ohio Supreme Court Finds Amusement Park’s Private Police Force Is Subject to Public Records Law
Ryan W. GoellnerThe television stations’ requests first required analysis of a novel issue under Ohio law: whether a private police department created pursuant to a city ordinance and by agreement between the amusement park and the city was subject to Ohio’s Public Records Act.
“Unsubstantiated” Complaints About Police Are Not Categorically Exempt from FOIL Disclosure
Alia SmithNew York’s Second Department held that police disciplinary records, formerly shielded from public disclosure under the now-repealed Civil Rights Law Section 50-a, are not categorically exempt from disclosure under the Freedom of Information Law’s privacy exemption.
Florida Supreme Court Rules Marsy’s Law Does Not Protect Victims’ Names
Daniela Abratt-Cohen and Mark R. CaramanicaThe Court’s ruling, which certainly could have taken a narrower path, was not only a victory for police transparency but also a wider victory in beating back overzealous application of Marsy’s Law protections.
Colorado Court Holds That Public Officials’ Text Messages on Cell Phones are Public Records
Steve ZansbergJudge Scoville’s ruling joined numerous other state courts in finding that text messages of public employees housed on personal cell phones are not outside the statutory definition of “public records” merely because they were never transferred to any government entity’s servers for storage and retrieval.
North Carolina Court Holds Records in Possession of Third-Party Contractor Subject to Public Records Disclosure Requirements
Lauren Russell and Kaitlin GurneyThe court also held that even though requestor, Charlotte television station WBTV, received the records before a final ruling on the merits, it was entitled to recover its attorneys’ fees under North Carolina’s public records law mandating fee awards to claimants who substantially prevail in compelling disclosure of public records.
Washington Post Wins Suit Seeking Disciplinary Records of Former LGBTQ and Community Policing Liaison with History of Excessive Force
Margaret N. Strouse, Maxwell S. Mishkin, and Chuck TobinIn an important victory for police transparency, DC Superior Court Judge Maurice A. Ross granted the Post’s motion for summary judgment, rejected the District’s arguments for withholding the records under FOIA’s privacy exemption, and ruled that the Post should be awarded its attorney’s fees.