Delaware Department of Justice
Attorney General Kathy Jennings


Attorney General's Opinions




26-IB43 8/3/26 FOIA Opinion Letter to David Moskowitz re: Town of Dewey Beach

Date Posted: Monday, August 3rd, 2026

Petitioner alleged that the Town of Dewey Beach violated FOIA by denying access to the email addresses of the Town’s committee members.

DECIDED: The Town did not violate FOIA by declining to disclose the committee members’ personal email addresses.

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26-IB42 7/27/26 FOIA Opinion Letter to Madeleine Overturf re: City of Lewes

Date Posted: Monday, July 27th, 2026

Petitioner alleged that the City of Lewes improperly denied a request for two union grievances.

DECIDED: As the City did not demonstrate that these records were appropriately withheld, the City was found in violation.

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26-IB41 7/23/26 FOIA Opinion Letter to Jordan Howell re: Delaware Department of Correction

Date Posted: Thursday, July 23rd, 2026

Petitioner alleged that the Delaware Department of Correction (“DOC”) did not timely respond to petitioner’s request for records related to certain events at a correctional institution.

DECIDED: Because the DOC did not demonstrate that it responded to the request, the DOC was found in violation.

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26-IB40 7/15/26 FOIA Opinion Letter to Katherine McColl re: Town of Frederica

Date Posted: Wednesday, July 15th, 2026

Petitioner alleged that the Town of Frederica did not respond to the petitioner’s requests within the requisite timeframe.

DECIDED: Based on the Town’s sworn statements, it was determined that the Town did not violate FOIA in this regard.

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26-IB39 7/13/26 FOIA Opinion Letter to William F. Marshall re: New Castle County

Date Posted: Monday, July 13th, 2026

Petitioner alleged that New Castle County improperly denied a request for records related to a police response to an incident.

DECIDED: Because the petitioner is a noncitizen of Delaware and the records are exempt pursuant to the investigatory files exemption, no violation of FOIA was found.

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26-IB38 7/2/26 FOIA Opinion Letter to Micaih Lloyd re: Capital School District

Date Posted: Thursday, July 2nd, 2026

Petitioner alleged that the Capital School District improperly denied a request for a staffing contract.

DECIDED: Based on the District’s sworn representations, it was determined that the District did not violate FOIA in denying this request.

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26-IB37 6/30/26 FOIA Opinion Letter to Dr. Amy Roe re: City of Newark

Date Posted: Tuesday, June 30th, 2026

Petitioner alleged that the City of Newark improperly denied a request for executive session minutes.

DECIDED: As the City did not meet its burden to demonstrate that FOIA permitted these records to be withheld from disclosure, the City was found in violation of FOIA.

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26-IB36 6/25/26 FOIA Opinion Letter to Chase Barnett re: Delaware State Police, Department of Safety and Homeland Security

Date Posted: Thursday, June 25th, 2026

Petitioner alleged that the Delaware State Police, Department of Safety and Homeland Security (“DSP”) improperly denied a request for various records related to the surrender of an electronic device during an investigation.

DECIDED: As the records are exempt pursuant to the investigatory files exemption, the DSP did not violate FOIA by denying access to the requested records.

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26-IB35 6/23/26 FOIA Opinion Letter to Brianna Hill re: Delaware Department of Correction

Date Posted: Tuesday, June 23rd, 2026

Petitioner alleged that the Delaware Department of Correction (“DOC”) violated FOIA with regard to three requests. The petition alleges that: (1) the DOC’s initial response was not timely; (2) the requests were not timely processed with the technology staff; (3) the DOC delayed producing records after they were received from the technology staff; (4) the DOC did not provide a full response to three requests; and (5) the DOC improperly indicated that fees will be assessed for legal review.

DECIDED: The DOC violated FOIA by failing to comply with the statute’s requirements for asserting the need for additional time related to the email processing and by failing to fully address the three requests. The DOC also violated FOIA by indicating it will charge for legal review fees, which are not permissible under Section 10003(m).

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26-IB34 6/17/26 FOIA Opinion Letter to Shannon Marvel McNaught re: Town of Dagsboro

Date Posted: Wednesday, June 17th, 2026

Petitioner alleged that the Town of Dagsboro violated FOIA by denying a request for certain Town police emails.

DECIDED: The Town did not meet its burden to demonstrate this denial of access was appropriate under FOIA.

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