By Liz Nass
Gongwer News Service
Individual reporters cannot sue under violations of the Freedom of Information Act if requested by an organization, the Court of Appeals ruled.
In Patricia Lesko v. Supreme Felons, Inc. (COA Docket No. 376081), the plaintiff, Lesko, was unsuccessful in an appeal of a trial court’s decision that said she could not sue on behalf of herself as an individual after a FOIA denial if the request was on behalf of her organization, The Ann Arbor Independent.
The published decision, written by Judge Adrian Young, agreed with the trial court in that the individual requesting the information was the newspaper, writing to the non-public body in an email that “The Ann Arbor Independent would like copies” of the documents.
The court also writes that Lesko provided her work address and other work-related information on the forms.
“Here, the only ‘requesting person’ was the non-individual corporate entity,” Young wrote. “Plaintiff, an individual who herself can make a FOIA request, acted only in her capacity as an agent of the nonindividual corporate entity. An agent cannot become an individual “requesting person” by signing a document and providing their name and address. They must also be requesting something.”
The dissent from Judge Colleen O’Brien, holds that the FOIA request could be considered jointly submitted with the newspaper, but Young wrote that there is no evidence Lesko made the request in her individual capacity.
Judge Michael Riordan also ruled with Young.
Gongwer News Service
Individual reporters cannot sue under violations of the Freedom of Information Act if requested by an organization, the Court of Appeals ruled.
In Patricia Lesko v. Supreme Felons, Inc. (COA Docket No. 376081), the plaintiff, Lesko, was unsuccessful in an appeal of a trial court’s decision that said she could not sue on behalf of herself as an individual after a FOIA denial if the request was on behalf of her organization, The Ann Arbor Independent.
The published decision, written by Judge Adrian Young, agreed with the trial court in that the individual requesting the information was the newspaper, writing to the non-public body in an email that “The Ann Arbor Independent would like copies” of the documents.
The court also writes that Lesko provided her work address and other work-related information on the forms.
“Here, the only ‘requesting person’ was the non-individual corporate entity,” Young wrote. “Plaintiff, an individual who herself can make a FOIA request, acted only in her capacity as an agent of the nonindividual corporate entity. An agent cannot become an individual “requesting person” by signing a document and providing their name and address. They must also be requesting something.”
The dissent from Judge Colleen O’Brien, holds that the FOIA request could be considered jointly submitted with the newspaper, but Young wrote that there is no evidence Lesko made the request in her individual capacity.
Judge Michael Riordan also ruled with Young.
––––––––––––––––––––
Subscribe to the Legal News!
https://legalnews.com/Home/Subscription
Full access to public notices, articles, columns, archives, statistics, calendar and more
Day Pass Only $4.95!
One-County $80/year
Three-County & Full Pass also available
