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  • Castillo v. Pennsylvania State Police (Office of Open Records)

    Publication Date: 2024-03-01
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Wojcik
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 398 C.D. 2022

    Law enforcement incident report which contained investigating officers' observations, findings, and conclusions fell within the criminal investigative exemption to disclosure under the Right-to-Know Law. Final determination of the Office of Open Records affirmed.

  • Blair v. Northampton Twp. Police Dep't

    Publication Date: 2024-02-23
    Practice Area: Public Records
    Industry:
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Trauger
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-04244

    Petitioner appealed the court's order denying his petition for review of respondent's refusal to provide copies of specified police bodycam video. The court concluded that its order should be affirmed where petitioner offered no verified factual basis to overcome respondent's verified, articulated reasons for withholding police bodycam video that was pertinent to an ongoing investigation.

  • Haverstick v. Monroe County Dist. Attorney's Office

    Publication Date: 2024-01-29
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 407 CR 2023

    Appellant appealed the court's order granting appellee's petition for review and request for civil penalties pursuant to the Right-to-Know Law. The court concluded that its order should be affirmed where appellant had waived all of the issues that it raised on appeal due to its overly lengthy and redundant concise statement of issues complained of on appeal.

  • Laustsen v. Pennridge Sch. Dist.

    Publication Date: 2024-01-22
    Practice Area: Public Records
    Industry: Education
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Yeager
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-01022

    Petitioner appealed a decision of the Pennsylvania Office of Open Records affirming respondent school district's contention that it had sufficiently responded to petitioner's public records request under the Right-to-Know Law. The court granted the petition and reversed the decision of the OOR where respondent thwarted public access to information by altering records responsive to petitioner's request in an attempt to cover up the removal of books from a high school library's shelves. The court directed respondent to provide fully res

  • In re: Appeal of Woodard

    Publication Date: 2024-01-15
    Practice Area: Public Records
    Industry: Construction | Real Estate | State and Local Government
    Court: Courts of Common Pleas, Philadelphia County
    Judge: Judge Coyle
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2125

    Appellants challenged the court's order denying their appeal of a final determination of the Philadelphia District Attorney's Office that had granted their document request in part pursuant to the Right-to-Know Law. The court concluded that its order should be affirmed and the appeal denied where the appeal was untimely filed and was unsupported on the merits of appellants' claims that they were provided an inauthentic document and that City acted in bad faith in handling their document request.

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Walker v. County of Bucks

    Publication Date: 2023-12-25
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Courts of Common Pleas, Bucks County
    Judge: Judge Baldi
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2022-03332

    Appellant appealed the court's verdict in favor of appellee in appellant's action for mandamus relief on his Right-to-Know Law public records request. The court requested that appellant's appeal be denied where appellant failed to preserve issues for appeal and where his right to mandamus was not clear.

  • Young v. Lehigh County Dist. Attorney's Office

    Publication Date: 2023-12-25
    Practice Area: Public Records
    Industry:
    Court: Courts of Common Pleas, Lehigh County
    Judge: Judge Varricchio
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 2023-C-1559

    Petitioner sought review of a final determination of the appeals officer of respondent office of open records of a county district attorney's office. The court affirmed, concluding that photographs sought by petitioner were exempt from disclosure as criminal investigative materials, even where they were gathered in connection with petitioner's criminal trial some forty years earlier in 1983.

  • Cruz v. Pottsville Police Dep't

    Publication Date: 2023-12-04
    Practice Area: Public Records
    Industry: State and Local Government
    Court: Commonwealth Court
    Judge: Judge Ceisler
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 244 C.D. 2022

    Trial court should have treated petition for review as seeking a writ of mandamus where requester prevailed in a Right-to-Know Law proceeding before the Office of Open Records and thus was merely seeking enforcement of a final determination. Order of the trial court reversed in part and affirmed in part, case remanded.

  • Swoboda v. Pennsylvania Dep't of State

    Publication Date: 2023-11-06
    Practice Area: Public Records
    Industry: Non-Profit | State and Local Government
    Court: Commonwealth Court
    Judge: Judge McCullough
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 857 C.D. 2022

    Office of Open Records did not err in denying petitioners' Right-to-Know Law appeal because department properly denied access to the Full Voter Export List because petitioners refused to execute the department's required affirmation, petitioners' National Voting Records Act preemption argument was waived and their first amendment claims were not reviewable. Affirmed.

  • Haverstick v. Monroe County Dist. Attorney's Office

    Publication Date: 2023-11-06
    Practice Area: Public Records
    Industry: Legal Services | State and Local Government
    Court: Courts of Common Pleas, Monroe County
    Judge: Judge Monroe Patti-Worthington
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 407 CV 2023

    Petitioner challenged respondent's denial of his request for records under the Right-to-Know Law. The court granted the petition and concluded respondent's bad faith denial that responsive records existed warranted imposition of civil penalties.

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