Courts
-
Daily Press v. OES
Clerks of court are the individual custodians of the court case data supplied to the Office of Executive Secretary’s online database.
-
Davison v. Dunnavant
Virginia state senators are not individually subject to FOIA. (OVERRULED by a subsequent decision)
-
Moody v. Portsmouth
The letter signed by five members of a city council and presented to another council member in a closed meeting should have been voted on first in open session.
-
Denton v. Hopewell
Circuit Court of Richmond Judge W. Allan Sharrett rules Hopewell cannot used a closed meeting to discuss whom to elect to the positions of mayor or vice mayor.
-
Harki v. DCJS
Harki v. Department of Criminal Justice Services: DCJS must turn over database of training records for law enforcement officers. Judge Joseph A. Migliozzi Jr. agrees that they are personnel records, but notes that the department said it would turn the records over (i.e., exercise their discretion to release records that could be withheld) and then…
-
Virginia Department of Corrections v. Surovell (Supreme Court)
The Virginia Supreme Court rules that a trial court must make its own determination of the proprierty of withholding documents when a security interest is cited, but while doing so, it must accord “substantial weight” to the agency’s (in the case, the Virginia Department of Corrections) determinations.The court also holds that there is no duty…
-
Fitzgerald v. Loudoun County Sheriff’s Office
In a proceeding under the Virginia Freedom of Information Act, to obtain a copy of a suicide note contained in a criminal investigative file opened by a sheriff’s office under its lawful authority to investigate the unexpected and unattended death of a senior United States Air Force official, the sheriff had the discretion, but not…
-
ATI v. UVA
Supreme Court of Virginia rules unanimously that UVA can withhold records requested by the American Tradition Institute (ATI) under the exemption for academic research and “proprietary records.” Court adopts interpretation of “proprietary” that encompasses records that are within the “ownership, title and possession” of the university. Though the ruling is limited to the research exemption…
-
Virginia Broadcasting Corp. v. Commonwealth
Virginia Supreme Court rules trial court did not err in refusing TV station’s request to have cameras present during the sentencing phase of convicted murder defendant George Huguely. The court attempted to reconcile two seemingly contradictory phrases within the statute and while setting forth the specific procedure to be used in the future, acknowledged that…
-
McBurney v. Young
The U.S. Supreme Court rules (9-0) that Virginia FOIA’s limitation on out-of-state requests (i.e., requests from out of state do not have to be honored) is constitutional.
-
Daily Press v. Commonwealth
Virginia Supreme Court rules that Newport News judge wrongly sealed trial exhibits.
-
Ewing v. Harmon
In a petition under the Virginia Freedom of Information Act arising from a request for production by a police department of personnel records of a specific officer, such records are subject to the protections of Code § 2.2-3705.1(1) and their production was appropriately refused by the Department; the circuit court’s order requiring disclosure of the…
Opinions -
Ewing v. Harmon
In a petition under the Virginia Freedom of Information Act arising from a request for production by a police department of personnel records of a specific officer, such records are subject to the protections of Code § 2.2-3705.1(1) and their production was appropriately refused by the Department; the circuit court’s order requiring disclosure of the…
Opinions -
Project Vote v. Long
4th Circuit rules that completed voter registration forms, with Social Security numbers redacted, must be disclosed under the National Voter Registration Act.
-
Hill v. Fairfax County School Board
The Supreme Court of Virginia rules that the rapid and extensive exchange of emails leading up to a meeting is not itself a meeting triggering FOIA’s requirements.
-
Bradford v. Board of Equalization
Bradford v. Board of Equalization (Loudoun General District Court): no violation to demand camera from freelance reporter after the flash accidentally went off.
-
Christian v. State Corporation Commission (Virginia Supreme Court)
The State Corporation Commission is not subject to FOIA.
Opinions -
Saltville v. Surber
Judge in Saltville reviewed under seal several documents related to a former town employee. He eventually ruled that some of them must be released to a newspaper, over the former employee’s objection, and that others did not have to be released because they did not discuss public business. Read the full final order here.
-
Virginian-Pilot v. City of Norfolk School Board
Court rules that some administrative investigative records had to be released because the investigation was over, but also rules that the school district was not required to redact personnel records and scholastic records in response to newspaper’s FOIA request.
-
Dixon v. VCU
A Fairfax County Circuit Court ruled Sept. 9 that the names home and business addresses of the Virginia Commonwealth University Board of Visitors must be released when requested under FOIA.
Opinions -
Cline v. Augusta County and Board of Equalization of Augusta County
Augusta County Circuit Court judge rules that county Board of Equalization violated FOIA by meeting in a small, inaccessible room with a sign on the door directing the public to wait outside until their case was called. Full text of the opinion (PDF)
-
Selover v. Warren Department of Social Services
Page General District Court Judge Dale Houff’s Feb. 19, 2010, letter ruling on DSS’ compliance with order to produce records under FOIA.
Opinions -
Ostergren v. McDonnell (permanent injunction) – federal district court
Federal district court rules that privacy advocate BJ Ostergren may continue to publish the Social Security numbers of prominent persons, but not private ones, to protest current Virginia practices allowing land records with full SSNs to be published online.
Opinions -
McBurney v. Mims (U.S. federal district court)
U.S. District Court grants Attorney General’s motion to dismiss in case challenging Virginia FOIA’s restriction of its use to Virginia citizens only (i.e., a North Carolina resident has no right to file a request to receive records from Virginia state or local government).
Opinions -
McBurney v. Mims – briefs
Please visit our Brief Bank to view some of the briefs filed by the plaintiffs in McBurney v. Mims, which challenges the provision in Virginia FOIA that says FOIA can be used by Virginia citizens only, not out-of-state residents.
Opinions