Docket Sheet

John McFadden v. Upper Perkiomen School District

OOR Dkt. No.: AP 2022-1009
Case Status: Reversed by Common Pleas



Higgins, Kathleen


Requests seek video footage from a middle school cafeteria containing an identified student for specific dates and times. Agency did not prove that the disclosure of the records is likely to threaten public safety. Agency proved that student images contained in the records are protected by the state Constitutional right to privacy. Granted in part and denied in part.

Clause Exemption Result
708 (b) (3) A record, the disclosure of which creates a reasonable likelihood of endangering the safety or the physical security of a building, public utility, resource, infrastructure, facility or information storage system, which may include: (i) documents or data
Agency Invoked an Extension The agency invoked a 30 day extension to respond to the request.
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."
Mediation Requested Mediation Requested
Requester Granted Extension to OOR The requester granted the OOR a 30, 60, or 90 day extension to issue a final determination in the appeal.
Docket Entries
Filed Description Step Court Document
08/05/2022 Agency Petition for Review Court Filing Court of Common Pleas (2022-15276)
07/06/2022 OOR Final Determination Final Determination
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