Delaware Department of Justice
Attorney General Kathy Jennings


Attorney General's Opinions




26-IB46 8/6/26 FOIA Opinion Letter to Ken Grant re: City of Wilmington

Date Posted: Thursday, August 6th, 2026

Petitioner alleged that the City of Wilmington violated FOIA by failing to produce records for six categories of records sought in the request.

DECIDED: The City did not violate FOIA as a part of the information was provided, and compiling the remaining categories would require the City to create a new document.

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26-IB45 8/4/26 FOIA Opinion Letter to Alexis Malone re: Wilmington Housing Authority

Date Posted: Tuesday, August 4th, 2026

Petitioner alleged that the Wilmington Housing Authority failed to produce documents regarding repairs on the residential unit, handwritten and typed maintenance records, certain correspondence, and tenant file documents.  The petition also alleged that the records were improperly produced in multiple installments over several months and that the Authority did not give a complete explanation in its response regarding what searches were conducted, which departments were searched for records, whether records were unavailable, whether any records are being withheld, and the legal basis for any withholding. 

DECIDED: The Authority violated FOIA by failing to meet its burden to demonstrate an adequate search for responsive records. The remaining allegations are not violations of FOIA.

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26-IB44 8/4/26 FOIA Opinion Letter to Ken Grant re: City of Wilmington

Date Posted: Tuesday, August 4th, 2026

Petitioner alleged that the City of Wilmington violated FOIA by failing to send a timely response to the petitioner’s request.

DECIDED: As the City did not respond to the request, the City was found in violation.

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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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