26-IB10 02/25/2026 FOIA Opinion Letter to Brenden Moore re: Delaware State Police
Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied a request for certain traffic incident records.
DECIDED: Because these records are exempt from disclosure under the investigatory files exemption, the DSP did not violate FOIA by denying access to the requested records.
Read More26-IB09 02/20/2026 FOIA Opinion Letter to Keriann Conroy re: Sussex County
Petitioner alleged that Sussex County improperly denied the petitioner’s records request under the pending litigation exemption.
DECIDED: The County violated FOIA by failing to meet its burden to justify denying access to the full scope of records requested.
Read More26-IB08 02/19/2026 FOIA Opinion Letter to Amy Roe re: Lead-Based Paint Remediation Certification Committee
Petitioner alleged that the Lead-Based Paint Remediation Certification Committee held a hybrid virtual meeting in which the petitioner was disconnected while providing public comment. Petitioner sought determinations whether the Committee violated FOIA by: (1) prohibiting the petitioner’s ability to provide public comment; (2) resuming the hybrid public meeting in the anchor location after the petitioner’s disconnection; and (3) potentially preventing additional public comments after the petitioner’s comment.
DECIDED: As the factual allegations necessary to consider the FOIA claims were not presented under oath, it was determined that the Committee violated FOIA by failing to meet its burden to demonstrate its compliance with FOIA.
Read More26-IB07 02/13/2026 FOIA Opinion Letter to Collins White re: Delaware Interscholastic Athletic Association
Petitioner alleged that the Delaware Interscholastic Athletic Association (“DIAA”) failed to perform an adequate search for records responsive to one item in the petitioner’s multi-part request.
DECIDED: As the search for responsive records and the search results were not described under oath with the requisite specificity, it was determined that DIAA violated FOIA by failing to meet its burden of proof to justify denying access to the requested records.
Read More26-IB06 02/03/2026 FOIA Opinion Letter to Gary Binns re: New Castle County
Petitioner alleged that New Castle County violated FOIA in failing to produce all responsive records to the petitioner’s request for records related to the subject property and related easement. The petition also alleges that the County violated FOIA by delivering its initial document production in a single, mixed-up file, instead of separate documents with specific descriptions.
DECIDED: The County did not violate FOIA as alleged in the petition.
Read More26-IB05 02/03/2026 FOIA Opinion Letter to James Eaves re: Delaware State Police
Petitioner alleged that the Delaware State Police improperly denied a FOIA request for body camera footage related to two cases.
DECIDED: As the investigatory files exemption applies to the requested footage, no violation of FOIA was found.
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