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  1. #1
    Join Date
    Aug 2011
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    10

    Default How to Sue Under the Freedom of Information Act

    My question involves court procedures for the state of: Idaho

    Local fire district is refusing my request to receive copies of documents that I am entitled to under the Freedom of Information Act.

    I need to file a complaint with the Magistrate Division of my local District Court and am wondering which form/s I need and where to go to find them. Have been unable to find anything online.

    Thank you.

  2. #2
    Join Date
    Apr 2009
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    Somewhere near Canada
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    35,894

    Default Re: Freedom of Information

    First things first.

    Did you actually submit the request properly?

  3. #3
    Join Date
    Aug 2011
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    10

    Default Re: Freedom of Information

    Good question! I used the Idaho Public Records Law Manual (located at http://www.ag.idaho.gov/publications...RecordsLaw.pdf) as a guide but it is not very specific.

  4. #4
    Join Date
    May 2011
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    638

    Default Re: Freedom of Information

    I believe that what we commonly refer to as the freedom of information act is a federal law which applies only to federal information. I could be wrong.

    If your state also has one for state information, then you have to learn how to make your claim. In the past, I have gone to the courthouse records room and asked the "keeper of records" for a file where an attorney did something I need to do, and where he prevailed, and bought copies of the pertinent docs. That, of course is in addition to studying the law on the subject matter.

    Sometimes google will provide me with appellate court cases - actual docs - that I can read and find out why people won or lost. Our state actually publishes appellate court cases.

  5. #5
    Join Date
    Sep 2010
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    19,901

    Default Re: Freedom of Information

    In Idaho it's the Idaho Public Records Act, but most likely he used the right one if he followed the publication.

    What response did they give to you when they failed to fulfill your request?

  6. #6
    Join Date
    Aug 2011
    Posts
    10

    Default How to Sue Under the Idaho Public Records Act

    Flyingron is correct; in Idaho it's the Idaho Public Records Act.

    Flyingron asked, "What response did they give to you when they failed to fulfill your request?"

    My first request was via certified mail. I quoted the applicable statute, requested the public documents, and included payment in the form of a check.

    In response, they mailed my check with no mention as to why they would not fulfill my request.

    So, I mailed them a second certified letter, returned my check, again requested the documents and wrote that if they failed to reply to my request within 10-working days, I would see them in court.

    10-days have now passed with no response.

    I am looking for guidance as to what court forms I need to file.

    Thank you!

  7. #7
    Join Date
    May 2011
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    638

    Default Re: How to Sue Under the Idaho Public Records Act

    I don't know. Would a writ of mandamus be appropriate here? It's rarely used, but still lawful, and at the least they would have to argue it and then you'd know why they are ignoring you. Best case they'd fork over the docs rather than argue the writ. Any help here?

  8. #8
    Join Date
    Sep 2010
    Posts
    19,901

    Default Re: How to Sue Under the Idaho Public Records Act

    You need to write a request to compel the disclosure in state district court showing your proof that you sent the request, the statement that the agency did not respond and hence it is considered a denial.

    Your other option, since you have a court action that requires the information is not to bother screwing around with the IPRA at all, but have the court you are filing with demand the records either via discovery or outright subpoena. The IPRA is neither necessary nor does it offer the agency any protection on that sort of disclosure.

  9. #9
    Join Date
    Aug 2011
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    10

    Default Re: How to Sue Under the Idaho Public Records Act

    How do I, "Write a request to compel the disclosure in state district court"?

  10. #10
    Join Date
    May 2011
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    638

    Default Re: How to Sue Under the Idaho Public Records Act

    Quote Quoting flyingron
    View Post
    You need to write a request to compel the disclosure in state district court showing your proof that you sent the request, the statement that the agency did not respond and hence it is considered a denial.

    Your other option, since you have a court action that requires the information is not to bother screwing around with the IPRA at all, but have the court you are filing with demand the records either via discovery or outright subpoena. The IPRA is neither necessary nor does it offer the agency any protection on that sort of disclosure.
    I didn't get it that there is a court action (suit) in progress. If there is yes, subpoena via discovery. Some states require a pro se to get the subpoena from the court clerk, while an attorney can just issue it.

    If there is no suit and therefore no discovery in progress, would a writ of mandamus be the proper form?

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