Opinions by topic: (FOIA) Remedies, Enforcement and Procedures

(List all topics)

• FOI Advisory Council Opinion AO-09-08 (10/16/2008): FOIA provides that public bodies bear the burden of proof to establish an exemption by a preponderance of the evidence. However, FOIA is silent regarding whether a requester may challenge as an abuse of discretion a decision not to disclose records that are excluded from mandatory disclosure pursuant to a valid exemption, once the exemption has been established.
• Rivera v. Long (Norfolk Circuit Court) (6/13/2006): General Registrar must disclose rejection letters written to applicants to vote. Actual applications may be withheld under state election law.
• Cartwright v. Commonwealth Transportation Commission (6/9/2005): 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.
• FOI Advisory Council Opinion AO-15-03 (6/18/2003): Government employee requests under FOIA should not be treated differently from requests made by citizens; letter admonishing public employee for making a FOIA request goes against the legislative intent of FOIA; as long as records were produced in accordance with FOIA, there is no remedy under the act for the simultaneous abuse of the FOIA requester.
• Lawrence v. Jenkins (11/5/1999): Not an FOIA violation when a public official chooses to exercise an exemption, redacted exempt information, but failed to timely cite the applicable Code section for the exemption.
• RF&P Corp. v. Little (2/25/1994): A corporation to which the Virginia Retirement System appoints two board of trustee members is not a public body under FOIA. A willful and knowing violation of FOIA warrants the imposition of a civil penalty.
• Little v. Virginia Retirement System (11/17/1992): an individual's wilful and knowing violation of FOIA merits penalty
• Little v. Virginia Retirement System (8/5/1992): Is the RF&P Corporation a public body subject to FOIA? Has there been a willful violation of FOIA?
• Attorney General's Opinion 1974-75 #569 (6/20/1975): Person seeking enforcement of FOIA provisions carries burden of proof. Plaintiff must submit affidavit in support of petition for injunction