Brief Bank & links
CURRENT
Invisible Institute v. Virginia Department of Criminal Justice Services: The Invisible Institute, a non-profit, data-driven newsroom, and Richmond resident Tom Nash have petitioned the Richmond Circuit Court to challenge the decision by VDCJS to redact names from a list of active, certified law enforcement and corrections officers. VDCJS relies on the trial court rulings in the Minium v. Hines case (below) and a similar ruling in favor of Chesterfield County (also involving Minium), to say that it can redact the names because some of them may be involved in undercover operations in the future. LAST UPDATE: 10/25/24
- Invisible Institute's petition in Richmond Circuit Court
- VCDJS' response in Richmond Circuit Court
Minium v. Hines: Minium is appealing a Hanover Circuit Court judge's ruling that the Hanover Sheriff's Office could heavily redact names off of its salary roster because the redacted officers could be used some time in the future for undercover operations. LAST UPDATE: 6/11/24
Citizens for Fauquier County v. Town of Warrenton: CFC is challenging the Town of Warrenton's use of the working papers and correspondence exemption. The town says that both the mayor and the town manager can use the exemption at the same time, rather than one or the other. There are also issues surrounding the burden of proof to show whether an exemption applies to specific records, not just a whole category of records. LAST UPDATE: 5/30/24
- CFC's brief on appeal (originally filed under seal; redacted to shield records reviewed in camera)
- Warrenton's brief on appeal
- CFC's response to Warrenton's brief (originally filed under seal; redacted to shield records reviewed in camera)
- Amicus brief filed by VCOG
- Amicus brief filed by the Reporters Committee for Freedom of the Press
- Amicus brief filed by the Office of Attorney General
Sawyer v. Commonwealth: American Oversight is challenging the governor's use of the workings papers and correspondence exemption. There are also issues surrounding the adequacy of the search and what is needed to prompt an in camera review of the disputed documents. LAST UPDATE: 8/4/23
- State's brief on appeal to the Virginia Court of Appeals
- American Oversight's brief in response to the appeal
- Amicus brief filed by the Reporters Committee For Freedom of the Press, signed onto by VCOG and others
National Public Radio v. Department of Corrections. LAST UPDATE: 7/15/24
- NPR's brief in support of petition for mandamus (Charlottesville Circuit Court)
- NPR's brief on appeal to the Virginia Court of Appeals
- Amicus brief filed by the Reporters Committee for Freedom of the Press, signed onto by VCOG and others
Blackstock v. Virginia Department of Transportation – Former VDOT employee Blackstock is seeking a copy of an investigative report which he says documents improper actions taken by VDOT’s Human Resources department and other agency employees to non-competitively hire a personal friend of the agency’s HR Director. LAST UPDATE: 8/26/24
- Blackstock's petition for mandamus filed in Richmond Circuit Court
- VDOT's demurrer and motion to dismiss filed in Richmond Circuit Court
- Blackstock's opening brief on appeal to the Court of Appeals of Virginia
PAST
Transparent GMU v. George Mason University: Students tried to get donor records from GMU's foundation, but the Virginia Supreme Court said the foundation wasn't subject to FOIA.
- Clearinghouse page with multiple filings, briefs, orders and opinions
Hjelm v. Prince William County School Board - Prince William County citizen Mark Hjelm is seeking records related to the school district's use of an electronic visitor identification system.
- School board's trial memorandum
McBurney v. Young - U.S. Supreme Court case challenging Virginia FOIA's provision limiting FOIA's use to Virginia citizens only (i.e., local and state governments in Virginia do not have to fulfill out-of-state FOIA requests). In early filings, the defendant was listed as McDonnell, then Mims, and eventually Young, all representing the attorney general's office over the course of time.
- District court order dismissing AG from suit and granting defendants' motions to dismiss. The opinion does not directly address the citizenship issue, however.
- First amended complaint for declaratory and injunctive relief (PDF)
- Memorandum of law in support of plaintiffs' cross-motion for a preliminary injunction and in opposition to defendant's motion to dismiss and to remove the Attorney General as defendant (PDF)
- Declaration of plaintiff Mark McBurney, Rhode Island citizen (PDF)
- Declaration of plaintiff Bonnie Stewart, West Virginia citizen (PDF)
- Declaration of plaintiff Roger Hurlbert, California citizen (PDF)
- Appellants' (McBurney et al.) brief to 4th U.S. Circuit Court of Appeals in appeal No. 09-1615
- Defendants' brief to the 4th Circuit on the second go-round (April 2011)
- Unanimous U.S. Supreme Court opinion in favor of the state (2013)
Beck v. Shelton - Va. Supreme Court case addressing the use of e-mail by more than two members of a public body. Also dealt with application of FOIA to members-elect of a public body, and whether a meeting of a public body occurred at a community forum.
- Government defendants' motion for sanctions in circuit court against the plaintiff (Shelton)
- Transcript of hearing on sanctions
- Transcript of circuit court trial
- Government defendants' brief on appeal
- Plaintiff's response brief on appeal
- Government defendants' reply brief
- Amicus brief filed by VCOG and the ACLU of Virginia
- Amicus brief filed by the Virginia Municipal League and the Virginia Association of Counties
- Post-decision write-up by the Virginia Municipal League
Cartwright v. Commonwealth Transportation Commissioner of Virginia - Addresses the standard a trial court must apply when determining if mandamus relief under FOIA is appropriate. Also addresses whether a citizen can be denied a FOIA request because he is also in litigation and might be able to get the same requested record through discovery. VDOT initiated eminent domain proceedings against Raymond Cartwright. Cartwright asked for documents related to the case through FOIA. Circuit Court ruled that Cartwright couldn't get them because he was currently in litigation with VDOT and could seek the same documents through discovery.
- Order from Chesapeake Circuit Court in VDOT's favor. (PDF)
- Brief of Raymond Cartwright, a citizen suing VDOT, petitioning the Supreme Court of Virginia to review his case. (PDF)
- Brief of VDOT, opposing Cartwright's petition for review. (PDF)
- Supreme Court decision reversing the circuit court, holding that a plaintiff does not have to prove that he does not have an adequate remedy at law before being entitled to a writ of mandamus under FOIA.
Connell v. Kersey - Va. Supreme Court ruled that constitutional officers were not covered by FOIA. The following year, the General Assembly amended FOIA to overrule this case and specifically state that constitutional officers are subject to the law.
- Opening brief of citizen/criminal defendant who asked for records from the Commonwealth Attorney's offrice and was denied.
- Amicus brief in support of citizen, filed by VCOG and the Reporters Committee for Freedom of the Press.
- Decision by Fairfax County Circuit Judge Jane Marum Roush in favor of Commonwealth Attorney's office.
- Supreme Court decision affirming the circuit court.
Wilson v. City of Salem - Litigation out of the Salem Circuit Court in 2000 over the legality of a vote taken on a measure that was not included on the agenda.
- City's brief in response to plaintiff's memorandum, which was in response to the city's demurrer.
