Docket Sheet

Christine Haines Herald Standard v. PA Department of Corrections

OOR Dkt. No.: AP 2014-1695
Case Status: Affirmed by Supreme Court

12/01/2014

Higgins, Kathleen

Commonwealth

Requester seeks records regarding illnesses contracted by inmates and staff members at SCI-Fayette. The Department of Corrections denied the Request citing the noncriminal investigative records exemption (708(b)(17)). - The Department did not meet its burden that records are exempt as noncriminal investigative records. The records are also not exempt as medical records under 708(b)(5). Records are not protected under HIPPA. Appeal granted.

Clause Exemption Result
708 (b) (1) A record the disclosure of which:(i) would result in the loss of Federal or State funds by an agency or the Commonwealth; or, (ii)would be reasonably likely to result in a substantial and demonstrable risk of physical harm to or the personal security of a
708 (b) (10) (i) A record that reflects: (A) The internal, predecisional deliberations of an agency, its members, employees or officials or predecisional deliberations between agency members, employees or officials and members, employees or officials of another agency
708 (b) (12) Notes and working papers prepared by or for a public official or agency employee used solely for that official's or employee's own personal use, including telephone message slips, routing slips and other materials that do not have an official purpose.
708 (b) (17) A record of an agency relating to a noncriminal investigation, including: (i) Complaints submitted to an agency. (ii) Investigative materials, notes, correspondence and reports. (iii) A record that includes the identity of a confidential source, including
708 (b) (2) A record maintained by an agency in connection with the military, homeland security, national defense, law enforcement or other public safety activity that if disclosed would be reasonably likely to jeopardize or threaten public safety or preparedness or
708 (b) (5) A record of an individual's medical, psychiatric or psychological history or disability status, including an evaluation, consultation, prescription, diagnosis or treatment; results of tests, including drug tests; enrollment in a health care program or pro
708 (b) (6) (i) The following personal identification information: (A) A record containing all or part of a person's Social Security number; driver's license number; personal financial information; home, cellular or personal telephone numbers; personal email addresse
Exempt under Attorney-Client Privilege Exempt under Attorney-Client Privilege
Privileged Privileged
Docket Entries
Filed Description Step Court Document
12/22/2020 Court Opinion - Affirming Commonwealth Court Opinion Court Filing Supreme Court (76 & 77 MAP 2019)
12/22/2020 Supreme Court - Concurring and Dissenting Opinion Court Filing Supreme Court (76 & 77 MAP 2019)
12/22/2020 Supreme Court - Dissenting Opinion Court Filing Supreme Court (76 & 77 MAP 2019)
04/27/2020 Court Notice - Oral Argument Court Filing Supreme Court (76 & 77 MAP 2019)
02/18/2020 Withdrawal of Appearance - County Commissioners Assoc of Pennsylvania Court Filing Supreme Court (76 & 77 MAP 2019)
02/18/2020 Withdrawal of Appearance - County Commissioners Assoc of Pennsylvania Court Filing Supreme Court (76 & 77 MAP 2019)
01/21/2020 Requester Brief Court Filing Supreme Court (76 & 77 MAP 2019)
01/21/2020 PA News Media Association - Brief Court Filing Supreme Court (76 & 77 MAP 2019)
01/21/2020 OOR Amicus Curiae Brief Court Filing Supreme Court (76 & 77 MAP 2019)
12/04/2019 Brief in Support of Appeal Court Filing Supreme Court (76 & 77 MAP 2019)
11/20/2019 Brief in Support of Appeal Court Filing Supreme Court (76 & 77 MAP 2019)
09/24/2019 Court Order Granting Petition for Allowance of Appeal Court Filing Supreme Court (76 & 77 MAP 2019)
11/28/2018 Petition for Allowance of Appeal Court Filing Supreme Court (76 & 77 MAP 2019)
10/29/2018 Court Opinion_Granting Fees Court Filing Commonwealth Court (66 MD 2015)
03/23/2018 Opinion of Judge Simpson affirming the OOR. Agency has 20 days to produce the records or face a potential $500 per day penalty, awarded $1,500 civil penalty and Requester is not precluded from seeking attorney's fees. Court Filing Commonwealth Court
12/19/2016 Court Order - matter will proceed to trial Court Filing Commonwealth Court
08/08/2016 Agency filed Response to Petitioner's Motion for Summary Judgment Court Filing Court of Common Pleas
08/08/2016 Agency filed Brief in Opposition to Petitioner's Motion for Summary Judgment Court Filing Commonwealth Court
07/22/2016 Uniontown Newspapers (Requester) filed Motion for Summary Judgment Court Filing Commonwealth Court
07/22/2016 Uniontown Newspapers (Requester) filed Brief in Support of Motion for Summary Judgment Court Filing Commonwealth Court
10/15/2015 Court Filing
10/15/2015 Court Filing
07/28/2015 Court Filing
06/23/2015 Court Filing
06/23/2015 Court Filing
06/23/2015 Court Filing
06/23/2015 Court Filing
07/28/2015 Court Filing
06/23/2015 Court Filing
05/18/2015 Court Filing
04/30/2015 Court Filing
04/09/2015 Court Filing
03/12/2015 Court Filing
04/09/2015 Court Filing
12/01/2014 Final Determination
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