Courts
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Perreault v. The Free Lance-Star (Va. Supreme Court)
The settlement terms of several wrongful death lawsuits brought in Spotsylvania County against a pharmaceutical company must be disclosed publicly and cannot be sealed in the court records, the Virginia Supreme Court ruled. The unanimous opinion upholds a circuit court ruling that it was improper to permit the suits to be settled without the details…
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Ostergren v. McDonnell (federal district court)
Virginia law barring people from posting Social Security numbers on the Internet is unconstitutional as applied to a privacy advocate’s Web site as it existed at the time of the lawsuit.
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Giarratano v. Johson (4th U.S. Circuit Court of Appeals)
Virginia Freedom of Information Act’s prohibition on prisoner use for records not related to their court cases is constitutionally sound.
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Rivera v. Long (Virginia Supreme Court)
Where the Social Security numbers are redacted from voter registration application records, the documents will no longer be exempt from inspection.
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Davis v. City of Chesapeake (Chesapeake Circuit Court)
The Government Data Collection and Dissemination Practices Act is not an exemption to FOIA’s disclosure requirements. City may not charge for summary/abstract of record without first reaching an agreeement with the requester.
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Fenter v. Norfolk Airport Authority (Virginia Supreme Court)
Norfolk Airport Authority’s response that it had forwarded a citizen’s FOIA request to the Transportation Security Administration did not meet the standards of any of Virginia FOIA’s required responses.
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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…