Open Records

 

Philadelphia Police Department v. Samantha Melamed and the Philadelphia Inquirer, No. 220901440 (Phila. CCP)

All Rise Trial & Appellate represents Samantha Melamed and the Philadelphia Inquirer, explaining why records about Philadelphia police vehicle accidents do not implicate the public safety exception of the Commonwealth Right to Know Law.

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Update: All Rise has won, stay tuned for more.

HRDC v. U.S. Park Police, No. 23-5236 (D.C. Cir.)

All Rise Trial & Appellate represents the Human Rights Defense Center, formerly Prison Legal News, in a case presenting two important issues. First, can HRDC use the FOIA to get the names of officers whose excessive use of force gives rise to federal tort claims settled by the United States; and second, if the Government inadvertently discloses avowedly responsive records, can it seek and receive an order clawing them back.

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Couloumbis v. Senate of Pennsylvania, No. 1071 C.D. 2023 (Pa. Commw. Ct.)

All Rise Trial & Appellate represents Spotlight PA journalist Angela Couloumbis, who is seeking email correspondence between registered lobbyists and members of the Pennsylvania State Senate. This is an issue of first impression under the Commonwealth’s RTKL, but the text and the legislative history of the law make clear that at least some such records should be available to requesters under the law.

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Kronick v. Department of Justice, Bureau of Prisons, No. 23-cv-426 (D.D.C.)

All Rise Trial & Appellate represents a law professor seeking medical records for people incarcerated at the Medical Center for Federal Prisoners (MCFP) Springfield. MCFP Springfield incarcerates some of the most medically fragile and complicated people in federal custody, and the BOP failing to provide constitutionally compliant medical care to the people at the facility would likely support litigation or individual compassionate release.

Hailer v. Allegheny County, No. 1469 C.D. 2021 (Pa. Commw. Ct.) (en banc)

All Rise Trial & Appellate filed an amicus brief on behalf of the Abolitionist Law Center and the Pennsylvania Institutional Law Project in support of a reporter seeking records about deaths in custody at the Allegheny County Jail. The brief explains the stakes of the case, including the particular need for transparency at the Jail in light of years of mismanagement and nearly twenty deaths in custody in just two years.

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Update: the en banc Commonwealth court has held that the records must be released.

Segelbaum v. York Daily Record, No. 1075 C.D. 2022 (Pa. Commw. Ct.)

All Rise and the Reporters Committee for Freedom of the Press represent Dylan Segelbaum, formerly of the York Daily Record, who is seeking the CV a contractor the County hired—at enormous cost—to provide purported special operations training and equipment to county correctional officers. The contractor has since been the subject of litigation by incarcerated people based upon his training and techniques.

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Bucks v. Sholtis, 447 C.D. 2022 (Pa. Commw. Ct.)

Award-winning reporter Brett Sholtis won a request at the state’s Office of Open Records to obtain video of staff using overwhelming force against a woman experiencing a mental health crisis at the Bucks County Jail. Instead of turning it over, the County appealed. All Rise is partnering with the Reporters Committee for Freedom of the Press to help Sholtis obtain the video.

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Chester Co. Coroner v. Keel, No. 242 C.D. 2023 (Pa. Commw. Ct.)

All Rise Trial & Appellate represents Terrence Keel and the UCLA Institute for Society and Genetics BioStudies Lab, seeking records about the deaths of people incarcerated in county jails and other facilities. Autopsy records often provide the clearest picture into what has caused deaths in custody, promote public accountability, and do not implicate exceptions under the Right to Know Law.

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Update: All Rise won at the Commonwealth Court.