FOIA Cases summarized
YEAR 1999 CASES
Mager
v State Police, 460 Mich 134, 595 NW2d 142 (1999)
Release of gun registration records would invade privacy. Release of
the personal information was unwarranted because it would not “serve the
core purpose of the FOIA, which is contributing significantly to
public understanding of the operations or activities of the
government.” The records are “entirely unrelated to any inquiry regarding
the inner working of government.”
Huron Restoration v EMU (Michigan Court of Appeals,
1999, unpublished)
Alumni names and addresses not exempt from disclosure. Lawsuit settlement
agreement not exempt. Legal bills not exempt.
Clark
v National Security Agency (Western District of Michigan, 1999)
Federal FOIA claim dismissed because of failure to exhaust administrative
remedies.
Kent
County Deputies v Kent County Sheriff, 1999 WL 993733 (Court of Appeals,
Oct 26, 1999)
PERA Takes Precedence Over the FOIA
Manning
v East Tawas, 234 Mich App 244, 593 NW2d 649 (Michigan Court of Appeals
1999)
Closed city council meeting with City attorney did not violate OMA..
OMA violation can be corrected by reenacting decision resulting from closed
session.
Messenger
v Consumer & Industry Services Bureau (Michigan Court of Appeals, 1999,
1999 WL 1044245)
Doctor was entitled to records in his file. Preliminary communications
not covered by investigation exemption.
Folsted
v Federal Reserve (Federal District Court for the Western District of Michigan
1:99-cv-124, 1999)
No federal FOIA liability when agency disposed of records in violation
of its policies.
Federated
Publications v MSU, 460 Mich 75, 594 NW2d 491 (Michigan Supreme Court1999)
State university exempt from FOIA and OMA in presidential selection.
Haley
v Nunda Twp (Court of Appeals, unpublished 1999)
No award of attorneys fees where lawsuit unnecessary to obtain records.
Federated
Publications v Michigan (unpublished)
Phone call logs of Liquor Control Commission members not exempt.
Porphir
v Mason County (Court of Appeals, unpublished 1999)
Previous violation of OMA does not warrant injunction where there is
no reason to fear future violations.
YEAR 1997 CASES
Bradley
v Saranac Community Schools Bd of Education, 455 Mich 285, 565 NW2d 650
(Supreme Court 1997)
Teacher personnel records not covered by FOIA privacy or intra-agency
communication exemptions.
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