cyras21
Regular Member
anyone know an attorney in Leesburg/Loudoun County that can assist with a FOIA request. It's for a friend; Leesburg PD is giving him the run around.
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Leesburg/Loudoun County Lawyer
- Thread starter cyras21
- Start date
davidmcbeth
Banned
http://leg1.state.va.us/000/cod/TOC02020000037000000000000.HTM
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3704
What's the issue .. usually a lawyer is not needed for a records request. Are they claiming an exemption or exception?
Or is it just taking too much time?
Any civil attny should be able to handle the case. Expect 5-10K for a simple cases and up to 40K for a complicated one that needs a court review.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3713
Looks like a mandamus action is the appropriate .. and legal fees may be recoverable with costs...
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3704
What's the issue .. usually a lawyer is not needed for a records request. Are they claiming an exemption or exception?
Or is it just taking too much time?
Any civil attny should be able to handle the case. Expect 5-10K for a simple cases and up to 40K for a complicated one that needs a court review.
http://leg1.state.va.us/cgi-bin/legp504.exe?000+cod+2.2-3713
Looks like a mandamus action is the appropriate .. and legal fees may be recoverable with costs...
cyras21
Regular Member
Thanks. It's a harassment case with fraudulent 911 calls. PD is claiming exception, privacy concerns. The few attorneys called don't want to file.
Contact Dan Hawes in Haymarket. I don't know if he'll file but the answer you get will be in depth and honest.
JamesCanby
Activist Member
Beware "legal" advice from out-of-state posters ... *coughMCBETHcough*. You have received the best and most correct advice: Dan Hawes. There is none better regarding Virginia law.
va_tazdad
Regular Member
+ 1000
wittmeba
Regular Member
davidmcbeth
Banned
Normally 911 calls are public records with many state's FOIA laws .... I don't see an exception or exemption (but it could exist - it would be written in a statue if so) ... and common law does not specifically exempt 911 calls. I would ask for their statutory citation for not providing the records.
If you have a pending civil or criminal case, some states have seen that a FOIA request may conflict with discovery in the case, ie jumping the court's jurisdiction in discovery (some states see no conflict).
And with many states, an agency cannot claim a privacy concern for a person - that person needs to plead a privacy concern. I would do another FOIA request asking for any records regarding the claim of a privacy issue.
There are usually 3 places exemptions and exceptions are based upon: 1) specifically listed in the records act 2) specifically listed in other statues of the state, federal law, etc 3) common law
Stuff under an exemption is not required or is mandated by law to be withheld but does give an agency a legal reason not to provide. Exceptions can usually not be disclosed even if the agency wants to disclose (usually have penalties for disclosure). And common law reasons can be waived.
Understanding the records laws regarding 911 tapes should not be a major issue .. news media seeks these all the time ... go to goggle scholar and do some research for free or to a courthouse and use their resources. The annotated statues books may have cases listed there for 911 calls.
If you want to pay a lawyer some cash for an easy legal search that's your prerogative.
davidmcbeth
Banned
If ANYTHING I said was inaccurate ... then say so.
Oh wait, you can't.
I guess giving some information helpful is frowned upon by certain goofs.
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Well, I'll say so for him David, as usual it was inaccurate.
This is Virginia and the PD's are subject to Virginia law. No one other than you is concerned with other states or federal FOIA law.
In Virginia, Law Enforcement has extraordinary exemptions to withhold information. If for instance, there was a crime committed or a possible crime is even suspected, it falls within their exemption. If a response involves any of the unspecified "Security" policies within that department, they can withhold the information.
Many others and several times a year the FOIA Commission considers ways to make PD's more transparent but so far, not much action.
He can file a writ of Mandamus and ask the Judge to decide if they are being unreasonable, but generally local judges side with the locality.
His best bet at this point would be to request an opinion from the FOIA Commission, then take it from there.
At least he got some sort of response. They usually just ignore it because there really isn't a fixed penalty. A judge MAY levy a fine of a thousand dollars but that's extremely rare. My best success when one is ignored is by filming me serving a second request on the County/City Attorney. That almost always works.
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davidmcbeth
Banned
You clearly do not know the laws regarding FOIA requests...to claim that federal laws can have no bearing on a state record request is flat out wrong.
Stop arguing with a person with much more experience and knowledge and go back to handing out stickers. You're harmless in those activities.
Example: No state DMV in the country can provide DL info via a FOIA/records request due to 18 USC Sec. 2721, a federal law...an exception to any record request.
David, I'm not arguing with you. I corrected you and stand by it. Since you have the mentality of a sack of rocks, it's pointless to argue. You are a very poor lawyer if indeed you are a lawyer at all.!
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davidmcbeth
Banned
You disparaged me ... expect me to let the world know that you did so wrongly ...
The OP has enough info I think ... no need to chk on this thread anymore
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The boy who cried "wolf"
davidmacbeth, your problem when you post anything (in my opinion) is that many people are used to your frivolous and pretty much idiotic comments. If you ever say anything that is correct, no one knows simply because your reputation precedes you and your words are treated in the same manner as the cries of the boy in Aesop's tale.
That said, peter nap has plenty of experience of filing FOIA requests in Virginia, Grapeshot and skidmark are the sticker people (as well as many other activities that no one hears about), but I've never seen peter nap hand a sticker to anyone. Doesn't mean he hasn't done so, just means I haven't seen him if he did.
As for him disparaging you, well he doesn't need to make you look like an idiot when your Creator was able to complete the task.
Back to the OP, contact Dan Hawes (if you haven't already done so), if he can't help he will know someone who can
davidmacbeth, your problem when you post anything (in my opinion) is that many people are used to your frivolous and pretty much idiotic comments. If you ever say anything that is correct, no one knows simply because your reputation precedes you and your words are treated in the same manner as the cries of the boy in Aesop's tale.
That said, peter nap has plenty of experience of filing FOIA requests in Virginia, Grapeshot and skidmark are the sticker people (as well as many other activities that no one hears about), but I've never seen peter nap hand a sticker to anyone. Doesn't mean he hasn't done so, just means I haven't seen him if he did.
As for him disparaging you, well he doesn't need to make you look like an idiot when your Creator was able to complete the task.
Back to the OP, contact Dan Hawes (if you haven't already done so), if he can't help he will know someone who can
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POPS VA
Regular Member
+1000
Thanks Scouser, for saying what I wanted to.
David.....Please go away until you have some positive input on Viginia OC
So far, all you have succeded in perfecting. is being rude to those who do the hard work......nice
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blahpony
Regular Member
A few days ago I was walking out of a 7-11 parking lot when a Leesburg Police cruiser pulled up beside me. The officer said "Excuse me, sir".
Then he asked me what I was carrying and told me about his latest purchase. He said he had just bought a Glock longslide and couldn't wait to get it to the range. We talked guns for a few minutes, then he had to leave as there was a car behind him.
user
Accomplished Advocate
I am, as always, humbled, flattered, and honored. But if it were me, I wouldn't bother with FOIA; nuisance calls designed to cause problems for you, coupled with actually having to have dealt with the issue, is a good basis for a civil suit. You can go to the GDC, fill out a warrant in debt form naming "John Doe, representing person or persons unknown", as the defendant, then ask the clerk for a subpoena duces tecum form, which you fill out naming the appropriate agency as the witness with the records to be produced, and ask the clerk to issue it with service by the sheriff (extra twelve bucks). Once you find out who it is, then you correct the name of the defendant with a motion to correct misnomer, get the thing served, and presto, you've got a trial for damages!