Justia Government & Administrative Law Opinion Summaries

The Supreme Court reversed the judgment of the district court denying a petition for a writ of mandamus challenging the denial of a records request made pursuant to the Nevada Public Records Act (NPRA), holding that holding that the district court abused its discretion in denying the petition.A reporter for Las Vegas Review-Journal, Inc. (LVRJ) made an NPRA request concerning an investigation into potential criminal activity by a law enforcement officer. After denying the request several times, the police department conducting the investigation, Las Vegas Metropolitan Police Department (Metro) ultimately released heavily redacted portions of the investigative files. Metro sought relief, but the district court denied the petition on the grounds that the investigative files contained confidential and private information not subject to public release. The Supreme Court reversed, holding that Metro failed to meet its burden to establish under the NPRA that the requested records were confidential in their entirety under either a statutory or caselaw exemption. View "Las Vegas Review-Journal v. Las Vegas Metropolitan Police Dep't" on Justia Law

Congress enacted Sec. 254 of the Telecommunications Act of 1996, which established the Universal Service Fund (USF) and entrusted its administration to the Federal Communications Commission (FCC). The FCC relies on a private entity, the Universal Service Administrative Company (“USAC”), to aid it in its administration of the USF. USAC proposals are approved by the FCC either expressly or after fourteen days of agency inaction.USAC submitted its 2022 first quarter projections to the FCC on November 2, 2021. The FCC published these projections for notice andcomment in accordance with the Administrative Procedure Act. On November 19, 2021, Petitioners submitted comments challenging the constitutionality of the USF and the FCC’s reliance on USAC. The FCC approved USAC’s proposal on December 27, 2021. In response, Petitioners filed this petition on January 5, 2022.On appeal, Petitioners assert that: (1) the Hobbs Act is not a jurisdictional bar to their constitutional claims; (2) Section 254 violates the nondelegation doctrine because Congress failed to supply the FCC with an intelligible principle; and (3) the FCC’s relationship with USAC violates the private nondelegation doctrine because the FCC does not adequately subordinate USAC in its administration of the USF.Finding that the Hobbs Act did not bar Petitioners' claims, the Fifth Circuit reached and rejected the claims on their merits. The Fifth Circuit held that Sec. 254 does not violate the non-delegation doctrine or the private non-delegation doctrine. View "Consumers' Research v. FCC" on Justia Law

The Federal Communications Commission (“FCC”) has long monitored local telephone companies’ “access stimulation.” In 2011, the FCC issued rules to address this phenomenon, defining when carriers engage in access stimulation and restricting the rates that they could charge. After local carriers found loopholes in this regulatory system, the FCC revisited and updated these rules, issuing the Updating the Intercarrier Compensation Regime to Eliminate Access Arbitrage (“Access Arbitrage Order”), 34 FCC Rcd. 9035 (2019). Wide Voice, LLC (“Wide Voice”), rearranged its business model and call traffic path in coordination with closely related entities, HD Carrier and Free Conferencing. Wide Voice petitions for review of the FCC’s order, specifically arguing that the FCC unreasonably concluded that it violated Section 201(b) by restructuring its business operations to continue imposing charges that were otherwise prohibited.   The Ninth Circuit denied the petition for review. The panel held that the FCC properly exercised its authority under § 201(b) to hold Wide Voice liable for circumventing its newly adopted rule in the Access Arbitrage Order when the company devised a workaround. Contrary to Wide Voice’s assertions, the FCC need not establish new rules prohibiting the evasion of its existing rules to find a Section 201(b) violation. The panel rejected Wide Voice’s contention that it restructured its business to comply with, rather than evade, the FCC’s new rules. Finally, the panel rejected Wide Voice’s contention that even if the FCC was permitted to find its conduct “unjust and unreasonable,” it did not have fair notice that its practices were unlawful, and therefore the FCC violated its right to due process. View "WIDE VOICE, LLC V. FCC, ET AL" on Justia Law

The Supreme Court vacated the decision of the court of appeals affirming the order of the trial court summarily denying the City of Greensboro's request that the trial court modify restrictions it imposed upon the possible use and discussion of certain police video records by the Greensboro City Council, holding that the trial court abused its discretion.The order at issue was entered pursuant to N.C. Gen. Stat. 132-1.4A(g) to release recordings of an incident that occurred in Greensboro on September 10, 2016. The City of Greensboro interpreted the conditions in the order as a "gag order" and requested that the trial court modify the restrictions. The trial court summarily denied the request, and the court of appeals affirmed. The Supreme Court vacated the court of appeals and remanded the case for a new hearing, holding that the trial court abused its discretion by denying, without explanation, the City's motion to modify the restrictions. View "In re Custodial Law Enforcement Recording" on Justia Law

The Chicago Sun-Times sent Cook County Health and Hospitals System a request under the Freedom of Information Act (FOIA) (5 ILCS 140/1) for information about gunshot wound patients who arrive at the defendant’s emergency rooms unaccompanied by law enforcement. The newspaper was investigating whether the defendant was meeting a requirement to notify local law enforcement when so-called “walk-in” gunshot wound patients are treated, 20 ILCS 2630/3, and asked for the “time/date” of each relevant hospital admission and the corresponding “time/date” of law enforcement notification. Cook County asserted two FOIA exemptions and withheld the records, claiming they contained personal health information prohibited from disclosure by the Health Insurance Portability and Accountability Act (HIPAA) (110 Stat. 1936) and private information barred from disclosure under FOIA. The newspaper argued that the year listed on each record was discoverable, even if the time of day, day of the month, and month were not.The Cook County circuit court granted the defendant summary judgment. The appellate court reversed and the Illinois Supreme Court agreed, holding that HIPAA and FOIA permitted the release of the year elements of the records as long as the individual identifying information was redacted, or “deidentified” to maintain patient confidentiality. View "Chicago Sun-Times v. Cook County Health and Hospital System" on Justia Law

The Supreme Court reversed the judgment of the court of appeals dismissing Appellant's petition for a writ of mandamus against Baker, Dublikar, Beck, Wiley & Mathews (the Baker firm), Public Entity Risk Services of Ohio (PERSO), and the Ohio Township Association Risk Management Authority (OTARMA) seeking to obtain unreacted copies of invoices that the Baker firm had prepared for PERSO, holding that the court of appeals did not properly apply the standard of review in dismissing Appellant's petition.Appellant brought this action under Ohio's Public Records Act, Ohio Rev. Code 149.43, seeking a writ of mandamus ordering Appellees to produce unreacted copies of the requested records. The court of appeals determined that Appellees were subject to the Act despite their private-party status but dismissed the petition on the ground that the records were protected by the attorney-client privilege. The Supreme Court reversed, holding (1) PERSO was not immune from suit; and (2) the court of appeals department from the Civ.R. 12(B)(6) standard. View "State ex rel. Ames v. Dublikar, Beck, Wiley & Mathews" on Justia Law

The Supreme Court reversed the judgment of the court of appeals denying a writ of mandamus compelling the city of Cleveland to disclose use-of-force (UOF) reports on the grounds that UOF reports are exempt from disclosure under the Public Records Act, Ohio Rev. Code 149.43, as confidential law-enforcement investigatory records (CLEIR), holding that the court of appeals erred.UOF reports are prepared whenever a Cleveland police officer uses force in the course of the officer's duties. Appellants brought this mandamus action against Cleveland seeking disclosure of the reports. The court of appeals denied the requested writ, holding that the reports were exempt as CLEIR. The Supreme Court reversed, holding that Cleveland did not meet its burden to prove that the exception at issue applied to the specific information contained in the reports. View "State ex rel. Standifer v. Cleveland" on Justia Law

The Supreme Court reversed the judgment of the circuit court partially denying Appellant's petition for a writ of mandamus and purportedly denying his request for attorney's fees and costs, holding that the circuit court misapplied a definition of "personnel information."In his mandamus petition, Appellant requested documents related to employment disputes in the Town of South Hill, as well as attorney's fees and costs. The circuit court denied the petition in part after applying definitions of "personnel record" from a previous version of the Virginia Freedom of Information Act (VFOIA) instead of "personnel information." The court further refused to award attorney's fees and costs. The Supreme Court reversed and remanded the case for further proceedings, holding that the circuit court erred in its interpretation and application of the personnel information exemption under VFOIA. View "Hawkins v. Town of South Hill" on Justia Law

A public body has five-10 business days to respond to a request for information under the Freedom of Information Act (FOIA) (5 ILCS 140/3(d), (e)). In 2014, the Chicago Police Department (CPD) received FOIA requests from local newspapers for information relating to citizen complaints filed against Chicago police officers since 1967. The Fraternal Order of Police (FOP) sought to enjoin the release of files that were more than four years old; its collective bargaining agreement required the destruction of records of alleged police misconduct at that age. The court granted the FOP an injunction prohibiting the release of files that were more than four years old as of the date of the newspapers’ FOIA request. . Meanwhile, Green, who was convicted in 1986 of offenses arising from a quadruple homicide, became aware that files he wants could be destroyed. He hopes to prove his innocence by exposing police misconduct. Green sent CPD a FOIA request. CPD did not respond.The Illinois Supreme Court held that unless the FOIA exemption states otherwise, the circuit court should review the withholding of information under the circumstances that existed when the public body made its decision. If the information becomes releasable later, a requester may refile his request. When CPD constructively denied Green’s request, an injunction barred CPD from releasing responsive files that were more than four years old. The subsequent invalidation of the injunction was immaterial. View "Green v. Chicago Police Department" on Justia Law

The Supreme Court affirmed the judgment of the court of appeals granting a writ of mandamus compelling East Cleveland Mayor Brandon King and the East Cleveland mayor and finance director (collectively, Appellants) to produce documents in response to a public-records request but reversing the court of appeals' judgment granting an award of attorney fees, holding that the writ was properly granted.In this mandamus action, the court of appeals denied two of Appellee's claims for relief but granted a third issuing a writ of mandamus directing Appellants to produce certain documents. In a subsequent order, the court of appeals ordered Appellants to pay attorney fees. The Supreme Court reversed in part, holding that the court of appeals (1) properly granted a writ of mandamus for the production of public records; but (2) improperly granted the award of attorney fees. View "State ex rel. Stevenson v. King" on Justia Law