Vote button trans.png
April's Project of the Month
It's spring time. It's primary election season!
Click here to find all the information you'll need to cast your ballot.




Connecticut sunshine lawsuits

From Ballotpedia
Jump to: navigation, search
WikiFOIA
Find your State
Sunshine Laws
Open Records laws
Open Meetings Laws
How to Make Records Requests
Sunshine Legislation
2010
Sorted by State, Year and Topic
Sunshine Litigation
Sorted by State, Year and Topic
Sunshine Nuances
Private Agencies, Public Dollars
Deliberative Process Exemption

Here is a list of major FOIA court decisions and their effect on the Connecticut Freedom of Information Act.
(The cases are listed alphabetically. To order them by year please click the icon below the Year heading)


" Year Precedent
Board of Trustees of Woodstock Academy v. FOIC 1980 This case incorporated into the Connecticut Freedom of Information Act the Federal criteria for private companies subject to public records requests, including:

"(1) whether the entity performs a governmental function;
(2) the level of government funding;
(3) the extent of government involvement or regulation; and
(4) whether the entity was created by the government."[1]

Coalition to Save Horsebarn Hill v. FOIC 2002 This case established a number of important precedents:
  1. Documents produced outside of a public body but held by a public body may still fall within the exemption for preliminary drafts and notes.
  2. The preliminary draft exemption may continue to apply after projects have been abandoned, if the public interest in concealing those documents is greater than the public interest in disclosure.[2]
Connecticut Humane Society v. FOIC 1991 This case affirmed the decisions in Board of Trustees of Woodstock Academy v. FOIC and Hallas v. FOIC.
Domestic Violence Services. v. FOIC 1998 This case established that money exchanged for goods and services is not considered public funding with respect to the balancing test to determine if a private agency is subject to the Connecticut Freedom of Information Act.
Hallas v. FOIC 1989 This case affirmed the decision of Board of Trustees of Woodstock Academy v. FOIC and emphasized that all 4 points must be met for an organization to be considered a public body.
Lieberman v. State Board of Labor Relations 1990
Shew v. FOIC 1998 This case established a number of important precedents:

1.) The test to determine if the attorney-client privilege contains 4 factors, namely:

  1. Is the attorney acting in a professional capacity?
  2. Is the communication made by public officials?
  3. Is the communication made in an attempt to gain legal advice?
  4. Is the communication made in confidence?

2.) The preliminary drafts exemption applies to documents created for the public body by contractors, in the same way it applies to documents created by public employees.[3]

Valvo v. Freedom of Information Commission 2010
Wilson v. Freedom of Information Commission 1980 This case established a number of important precedents:
  1. The exemption for preliminary drafts found at Conn. Gen. Stat. Chapter 14, Sec. 1-210.(b)(1) was put in place to "protect the free and candid exchange of ideas, the uninhibited proposition and criticism of options."[4]
  2. Advisory committees, which have no authoritative power over policy decisions are inherently predecisional in nature and thus exempt from the public records act.[4]

This broad ruling was later overturned by legislative statute.

References