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No. 133682
| State News, |
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Herschel P. Fink |
Plaintiff-Appellee, |
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Brian D. Wassom |
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(Appeal from Ct of Appeals) |
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(Ingham - Draganchuk, J.) |
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| Michigan State University, |
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Theresa Kelley |
| Defendant-Appellant. |
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| __________________________________________ |
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Click to view briefs in Adobe format:
Plaintiff-Appellee's Brief on Appeal>>
Defendant-Appellant's Brief on Appeal>>
Defendant-Appellant's Reply Brief>>
Michigan Association of Broadcasters and Michigan Press Association's Amici Curiae Brief>>
The Regents of the University of Michigan, Central Michigan University Board of Trustees, the Board of Regents of Eastern Michigan University, Board of Trustees of Ferris State University, Michigan Technological University, the Board of Control of Northern Michigan University, the Board of Trustees of Oakland University, Board of Governors of Wayne State University, and Board of Trustees of Western Michigan University's Amici Curiae Brief>>
Prosecuting Attorneys Association of Michigan, the Michigan Sheriffs' Association, and the Michigan Association of Chiefs of Police's Amici Curiae Brief>>
Background
On March 2, 2006, the State News made a Freedom of Information Act request to Michigan State University, asking for a “police incident report” concerning an alleged assault in an MSU student dormitory; three men were arrested in connection with the incident. The university denied the FOIA request, citing FOIA’s privacy and law enforcement purposes exemptions. The privacy exemption, MCL 15.243(1)(a), protects from disclosure information of a personal nature “if public disclosure of the information would constitute a clearly unwarranted invasion of an individual’s privacy.” The relevant sections of the law enforcement exemption, MCL 15.243(1)(b), protect from disclosure investigating records that are compiled for law enforcement purposes, but only if their “disclosure as a public record would do any of the following: (i) Interfere with law enforcement proceedings. (ii) Deprive a person of the right to a fair trial or impartial administrative adjudication. (iii) Constitute an unwarranted invasion of personal privacy. . . .” The State News sued MSU, seeking a court ruling that would compel the university to provide the incident report. But the trial court dismissed the newspaper’s complaint, holding that MSU had met its burden of demonstrating that the requested report was exempt from disclosure under both the privacy and law enforcement exemptions. In a published decision, the Court of Appeals reversed and remanded the case to the trial court, concluding that the trial court erred in finding that the entire report was exempt. On remand, the trial court was to view the report in chambers, determine whether there are nonexempt portions of the report that could be separated from the exempt material, and release the nonexempt portions to the newspaper, the Court of Appeals directed. The trial court should also consider the impact of the passage of time, and the current status of the investigation, in determining whether any part of the report was exempt from FOIA disclosure, the appellate panel said. MSU appeals.
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