Tags : lawsuit

Behind the Story: New Jersey reporter finds inconsistencies in 2008 death investigation

Chris Baxter

Chris Baxter and NJ Advance Media wrestled out a compelling and untold story, let the digital presentation take the lead and came away with a “smashing” investigative success.

Using a system he developed to keep tabs on lawsuits involving state police, Baxter came upon the stifled story of Kenwin Garcia, a Newark man who died in 2008 after an altercation with police along the side of the highway.

Baxter embarked on a deep reporting project that resulted in 7,000 words, an 8-page special print section in The Star-Ledger and a digital presentation as rich as any Baxter ...

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Judge blocks Alabama newspaper from printing information obtained through open records request

A state court judge has temporarily blocked the Montgomery Advertiser from publishing information about a utility company’s plan for gas line safety, information obtained through an open records request.

Alagasco says the Distribution Integrity Management Plan, released to the newspaper by the Alabama Public Service Commission, contains proprietary and safety-related information that could jeopardize public safety, according to the Associated Press.

The Advertiser says the court ruling is a case of unconstitutional prior restraint. The Gannett-owned paper asked for the plan as part of an extensive pipe safety project by USA TODAY.

A hearing will take place Monday to ...

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Public records request service sues CIA over FOIA practices

MuckRock is suing the CIA over a handful of specific FOIA requests that would shed light on how the agency determines what is and isn’t releasable, among other things.

The CIA “has a track record of holding itself apart from, and largely above, the Freedom of Information Act, consistently ignoring deadlines, refusing to work with requesters, and capriciously rejecting even routine requests for what should be clearly public information,” MuckRock wrote in a blog post.

The suit also addresses the way the CIA handles general requests for emails.

You can learn more about the individual FOIA requests involved in ...

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News organizations file lawsuits against Missouri for failing to release execution drug records

Missouri's failure to release records regarding the drugs it uses in executions keeps the public from providing oversight of the death penalty. That's what the Associated Press and four other news organizations are arguing in a suit filed Thursday against the state. Another suit filed the same day by a reporter for St. Louis Public Radio, the Reporters Committee for Freedom of the Press and the American Civil Liberties Union of Missouri also challenges the secrecy.

The journalists say the public has a constitutional right to know what drugs are being used in executions carried out by the ...

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Virginia Supreme Court: FOIA does not cover faculty emails, unpublished research

Faculty emails and unpublished university research can be deemed “proprietary” and withheld under the Virginia Freedom of Information Act, the Virginia Supreme Court announced last week.

The law was called into question in 2011 when the American Tradition Institute and Virginia Del. Robert Marshall filed a request for emails of Michael Mann, a prominent climate scientist and former University of Virginia professor.

According to the Washington Post:

Lawyers for U-Va. turned over about 1,000 documents to Marshall and ATI, led by former EPA attorney David Schnare, but withheld another 12,000 papers and e-mails, saying that work “of a ...

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Using new nonprofit law center, Hawaii’s Civil Beat wins access to police misconduct records

In the flood of paperwork that made its way each year to the Hawaii legislature, a shocking statistic slipped under the radar: About once a week the Honolulu Police Department was suspending or firing an officer for misconduct.

Often the offenses were serious – abusing suspects, lying to federal investigators, tipping off drug dealers. And for nearly two decades the information was kept quiet. Legislators paid little attention to the annual reports. Officers who resigned or got suspended for misconduct were shielded by a political loophole in the state’s public records law. Paperwork documenting the wrongdoing was often destroyed.

Civil ...

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Behind the Story: The Boston Globe’s 4-year battle for secret settlement records

Todd Wallack

Boston Globe reporter Todd Wallack thought it would be a simple, short-term project to look into settlements made between the state of Massachusetts and some of its employees. After all, he’d done the same thing in California, uncovering an agreement between UC Davis and one of its administrators to avert a nasty lawsuit.

But the response he got from Massachusetts was completely unexpected.

“This is the first time I came across a state saying, ‘no, this is confidential,” Wallack said.

The records he initially received were heavily redacted. Officials had blacked out reams of crucial information, including names, dates ...

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NJ court fact-finder recommends Gannett get its due for winning public records fight over PDFs

If a judge agrees with a court fact-finder, Gannett New Jersey could be getting $542,000 in legal fees stemming from a public records lawsuit.

Gannett filed suit in 2009 after several newspapers asked for municipal payroll records in an electronic format, not PDFs. In August 2012 the company won the “precedent-setting case.”

As for the legal fees, “The borough might have come out ahead if it had cut its losses in 2012, when Gannett first sought reimbursement of $495,491. As the borough continued to file motions, the media company’s legal fees continued to mount. By April 2013 ...

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18 Chris Christie investigations coming to a publication near you

WNYC today compiled a clever list of “18 ways Christie and his officials have blocked access to information.”

The release of the subpoenaed documents “exposed the Christie Administration's involvement in Bridgegate show how the Governor's Office has been keeping its decisions and expenditures quiet despite laws that require official business to be made public.”

The state secrets include everything from visitors at the governor’s mansion to State Police overtime data to taxpayer-funded attorneys representing Christie in abuse-of-power investigations.

A handful of lawsuits have already been filed over the exemptions and redactions. We’re looking forward to the ...

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Court rules in favor of S.D. paper, allows access to food stamp data

A federal appeals court has ruled that Argus Leader Media can seek government data on how much businesses take in from the food stamp program, the Sioux Falls, S.D. paper reported.

On Tuesday, the U.S. Court Appeals for the Eighth Circuit reversed a district court ruling and determined that a federal statute that created the food stamp program does not prohibit the USDA from disclosing the revenues businesses earn from it.

Last year Jonathan Ellis, of the Argus Leader, wrote about the paper’s lawsuit:

"By the start of 2011, we had assembled a national database that showed ...

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