Delaware Department of Justice
Attorney General Kathy Jennings


Attorney General's Opinions




26-IB69 10/29/26 FOIA Opinion Letter to Precious Wilson re: City of Milford

Date Posted: Thursday, October 29th, 2026

Petitioner alleged that the City of Milford violated FOIA by failing to produce the requested dash camera footage, video recordings, and audio recordings related to a traffic stop.

DECIDED: Because the records are exempt pursuant to the investigatory files exemption, the City did not violate FOIA by withholding access to this footage.

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26-IB68 10/29/26 FOIA Opinion Letter to James Puddicombe re: City of Milford

Date Posted: Thursday, October 29th, 2026

Petitioner alleged that the City of Milford violated FOIA by declining to provide body camera footage related to an incident at a City building.

DECIDED: Because the requested footage is exempt pursuant to the investigatory files exemption, the City did not violate FOIA by withholding access to this footage.

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26-IB67 10/23/26 FOIA Opinion Letter to Jenifer Sandonato re: Delaware Department of Human Resources

Date Posted: Friday, October 23rd, 2026

Petitioner alleged that the Delaware Department of Human Resources violated FOIA by not responding fully to the categories of records requested. position and question whether the Department conducted an adequate search. The petition also alleges that the Department did not sufficiently address the responsive records that were not produced; did not adequately explain the absence of responsive records beyond the two categories of redactions it identified; failed to address the specific deficiencies identified in follow up correspondence; and failed to substantively respond to the deficiencies noted within the requisite timeframe to respond.

DECIDED: The Department violated FOIA by failing to meet its burden to demonstrate that its search for records was adequate and its withholding of two categories of records under the right of privacy was permissible under FOIA. The remaining allegations are not violations of FOIA.

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26-IB66 10/23/26 FOIA Opinion Letter to Ken Grant re: City of Wilmington

Date Posted: Friday, October 23rd, 2026

Petitioner alleged that the City of Wilmington misapplied the investigatory files exemption, failed to make a specific statement for each category of documents requested, and failed to confirm that a “segregability review” occurred.

DECIDED: The City did not violate FOIA as alleged.

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26-IB65 10/20/26 FOIA Opinion Letter to Maggie Reynolds re: City of Dover

Date Posted: Tuesday, October 20th, 2026

Petitioner alleged that the City of Dover improperly denied a request for a report involving investigations regarding two City officials.

DECIDED: The City violated FOIA by failing to meet its burden to demonstrate that this report was appropriately withheld under the City’s cited exemptions for personnel and investigatory files.

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26-IB64 10/19/26 FOIA Opinion Letter to Julia Merola re: Seaford School District

Date Posted: Monday, October 19th, 2026

Petitioner alleged that the Seaford School District included impermissible fees for legal review in its cost estimate.

DECIDED: The District violated FOIA by including fees for legal review in its cost estimate for this request.

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26-IB63 10/19/26 FOIA Opinion Letter to Julia Merola re: Caesar Rodney School District

Date Posted: Monday, October 19th, 2026

Petitioner alleged that the Caesar Rodney School District included impermissible fees for legal review in its cost estimate.

DECIDED: The District violated FOIA by including fees for legal review in its cost estimate for this request.

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26-IB62 10/14/26 FOIA Opinion Letter to Bernadette Ruf re: Trustees of the New Castle Common

Date Posted: Wednesday, October 14th, 2026

Petitioner alleged that the Trustees of the New Castle Common violated FOIA by: (1) failing to take a vote for a certain paving project at the March 18, 2026 budget workshop meeting or failing to keep accurate minutes; (2) not posting an agenda for this meeting; (3) not posting the minutes for this meeting until after the project was completed; and (4) either executing a project that was approved in a public meeting, or approving the project outside of a public meeting in violation of FOIA.

DECIDED: The the Trustees violated FOIA by failing to post an agenda for the March 18, 2026 meeting and by failing to maintain accurate minutes regarding this project.  The remaining allegations do not constitute violations of FOIA.

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26-IB61 10/14/26 FOIA Opinion Letter to Maddy Lauria re: Environmental Appeals Board

Date Posted: Wednesday, October 14th, 2026

Petitioner alleged that the Environmental Appeals Board improperly denied a request for formal responses and motions related to pending appeals.

DECIDED: The Board violated FOIA by failing to demonstrate that it appropriately withheld the requested records under FOIA’s litigation exemption.

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26-IB60 10/12/26 FOIA Opinion Letter to Samuel Larkin re: New Castle County

Date Posted: Monday, October 12th, 2026

Petitioner alleged that New Castle County violated FOIA by denying a request for certain 911 call records.

DECIDED: Because the 911 call records are exempt from disclosure by statute, no violation of FOIA was found.

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