Docket Sheet

Tyrone Martin v. Pennsylvania Department of Corrections

OOR Dkt. No.: AP 2021-0197
Case Status: Partially Granted/Partially Denied



Burlew, Erin


Request sought records related to COVID-19 Agency proved that it does not possess records responsive to two items of the request and that records are exempt medical records. Agency did not prove disclosure of one list is reasonably likely to threaten public safety or related to a noncriminal investigation. The constitutional right to privacy protects a list. Granted in part and denied in part.

Clause Exemption Result
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 Granted
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 Granted
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 Denied
Constitutional Right to Privacy Constitutional Right to Privacy, Pa. Const. Art. I, ยง 1. "All men are born equally free and independent, and have certain inherent and indefeasible rights, among which are those of enjoying and defending life and liberty, of acquiring, possessing and protecting property and reputation, and of pursuing their own happiness." Denied
Records Do Not Exist Records Do Not Exist Denied
Docket Entries
Filed Description Step Court Document
03/01/2021 OOR Final Determination Final Determination
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