Courts
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Rivera v. Long (Norfolk Circuit Court) (on costs and attorneys’ fees)
Judge rules on cost prevailing plaintiff should pay for copies of general registrar’s records, as well as on attorneys’ fees for the plaintiff’s attorney.
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White Dog Publishing v. Culpeper Board of Supervisors
In considering certain newspaper publishers’ application for a writ of mandamus, the circuit court erred in finding that a county board of supervisors did not violate the Virginia Freedom of Information Act (FOIA) by going into a closed session at a particular meeting and erred in failing to award reasonable costs and attorney’s fees under…
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Lee v. Minner (3d U.S. Circuit Court of Appeals)
States cannot limit use of their public records laws to citzens/residents of that state (this case is from a federal appeals court that covers Delaware, New Jersey, Pennsylvania and The Virgin Islands).
Opinions -
Rivera v. Long (Norfolk Circuit Court)
General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.
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Bland v. Virginia State University (Supreme Court, 6/8/06)
In FOIA cases, complete set of records must be included on appeal to afford Supreme Court full review on the merits. Trial court erred in refusing plaintiff’s motion to include full set of records.
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911 tapes are public record, judge rules
— The public has a right to hear the 911 call made by a mother accused of killing her son, a judge ruled April 13.
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Media General Operations Inc. v. Buchanan (4th Cir. on access to courts)
Several media companies joined forces to request a judicial order that would unseal affidavits supporting search warrants related to U.S. antiterrorist efforts. They also wanted the district court to maintain a public docket of search warrant proceedings. The 4th Circuit affirmed a lower court’s ruling that denied those requests. Although the press has a qualified…
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Cartwright v. Commonwealth Transportation Commission
It is not necessary for a plaintiff asking for a writ of mandamus under FOIA to prove that he has no other adequate remedy at law. Agency’s provision of sought-after records after litigation has been initiated over access to those records does not moot case.
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William H. Turner v. Virginia Board of Dentistry, Department of Health Professions, et al.
Board of Dentistry meeting minutes were inadequate, did not include even a summary of the discussion on a particular subject and decision. Attorney fees awarded for FOIA violation. No wilful violation found.
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Albright v. Woodfin
NOTE: Scroll to end for another ruling in a district court proceeding, June 10, 2005, between Albright and the Attorney General over advance-estimating of costs for filling a FOIA request. Lee H. Albright v. William Woodfin et al., CL05-0006, Nelson County Circuit Court May 26, 2005 Judge J. Michael Gamble I am writing to issue…
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Jordan v. Kollman (Virginia Supreme Court on libel)
Jordan, a resident of Colonial Heights, published advertisements criticizing the mayor for allowing low-income housing to be built in the city. In fact, the mayor had opposed the construction of the housing, and he sued for defamation. But the Court ruled that the mayor was a ‘public official’ required to show ‘actual malice’ in the…
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Virginia Department of State Police v. Washington Post (4th Cir. on access to courts)
The Virginia police objected unsuccessfully to the unsealing of records related to Earl Washington, Jr., who was wrongly sentenced to death for rape and murder. After DNA evidence led to a pardon for Washington, media organizations asked for police documents relating to the initial investigation, which were subpoenaed in a civil suit Washington brought after…
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Wigand v. Wilkes
Public television and radio station not a public body because less than two-thirds of funding comes from public money, and they do not perform a delegated governmental function.
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Zaleski v. Judicial Inquiry and Review Commission
IN THE CIRCUIT COURT OF THE CITY OF RICHMOND Allan D. Zaleski, Plaintiff v. Judicial Inquiry and Review Commission, Defendant CH03-1603-3 OPINION AND ORDER The parties appeared for argument on the demurrer to the bill of complaint. Proceeding under the Virginia Freedom of Information Act, plaintiff seeks disclosure of an advisory opinion given by Counsel…
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Media General Operations v. City Council of the City of Richmond
City council meeting to discuss performance of city manager improperly strayed into discussion of city’s soaring crime rate. No authority for closing a proceeding to present closing arguments in a case challenging the propriety of a closed meeting.
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Media General Operations v. City Council of the City of Richmond
Circuit Court of the City of Richmond May 5, 2004 Melvin R. Hughes, Jr. Judge Thomas W. Williamson, Jr., Esq. Williamson & LaVecchia, L.C. 6800 Paragon Place Suite 233 Richmond, VA 23230-1652 Vicki W. Harris, Esq. Assistant City Attorney 900 East Broad Street Suite 300 Richmond, VA 23219 Re: Case No. LR-2514-1 Media General Operations,…
Opinions -
Beck v. Shelton
FOIA does not apply to members-elect. Exchange of multiple e-mails over a several-hour period not an illegal electronic meeting. Neighborhood meeting no FOIA violation.
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U.S. v. Moussaoui (4th Cir. on access to court records)
Here, a group of media companies asked to intervene in the trial of accused terrorist Zacarias Moussaoui. They sought access to portions of the record and of the pleadings and motions made by the government. The 4th Circuit agreed with their contention that sealing off all such records was unnecessarily restrictive, and agreed to provide…
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Rossignol v. Voorhaar (4th Cir. on censorship)
A newspaper publisher brought a 1983 suit for violation of its First Amendment rights, after county sheriff deputies worried about the paper’s Election Day editorials conspired to buy out the paper’s entire stock from vendors across the county. The district court gave summary judgment for the deputies, saying they acted privately and not under color…
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Globe Newspaper Company v. Commonwealth
Newspapers asked to obtain DNA evidence from a criminal trial and subject it to retesting under modern methods. The Court affirmed a lower court’s decision to deny that request. The right of access to the courts is not so broadly defined under the United States or Virginia Constitutions. Furthermore, the DNA evidence was not a…
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PETA v. City of Virginia Beach
Virginia Marine Science Museum Foundation is a private entity not subject to FOIA.
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Carr v. Forbes Inc. (4th Cir. on libel)
An engineer who sued a magazine for defamation had made himself a limited-purpose public figure by his role in choosing and publicizing contracts. He could not show that the magazine acted with . . .actual malice.’
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Connell v. Kersey
(NOTE: The 2002 General Assembly added an amendment to FOIA reversing this decision and making clear that all constitutional offices are subject to FOI law.) Present: All the Justices JAMES G. CONNELL III v ANDREW KERSEY OPINION BY JUSTICE LAWRENCE L. KOONTZ, JR. Record No. 001729 June 8, 2001 FROM THE CIRCUIT COURT OF FAIRFAX…
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Wilson v. City of Salem
Wilson v. City of Salem/Munley v. City of Salem: Judge Weckstein’s opinion
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Mannix v. Board of Supervisors
[The case was first heard in General District Court; order below.] May 3, 2001 Mr. Patrick J. Mannix, Sr. xxxxxx Bristol, VA 24201 Mr. J.D. Bowie Attorney at Law xxxxxx Bristol, VA 24203 Re: Patrick J. Mannix, Sr. v. Washington County Board of Supervisors Circuit Court of Washington County File No. 01-93 Gentlemen: This matter…