Prison Legal News v. Exec. Offc. for US Attys., No. 09-1511 - U.S. Tenth Circuit
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Prison Legal News v. Exec. Offc. for US Attys., No. 09-1511

FOIA Action Regarding Prison Murder Photos

In Prison Legal News v. Exec. Offc. for US Attys., No. 09-1511, a Freedom of Information Act action, the court dismissed in part plaintiff's appeal from the district court's order exempting from mandatory disclosure a video depicting the aftermath of a brutal prison murder and autopsy photographs of the victim, with respect to the portion of the appeal pertaining to records that had been released by Executive Office for United States Attorneys.  However, the court affirmed in part where the disclosure of the death-scene images in this case could reasonably be expected to constitute an unwarranted invasion of personal privacy of the victim's family.

 

As the court wrote:  "Prison Legal News ("PLN") appeals the partial grant of summary judgment to the Executive Office for United States Attorneys ("EOUSA") exempting from mandatory disclosure under the Freedom of Information Act ("FOIA") video depicting the aftermath of a brutal prison murder and autopsy photographs of the victim. Exercising jurisdiction under 28 U.S.C. § 1291, this court DISMISSES AS MOOT the portion of the appeal pertaining to records that have now been released by EOUSA, and AFFIRMS the district court's order as to the remaining portions of the withheld records because the disclosure of the death-scene images in this case "could reasonably be expected to constitute an unwarranted invasion of personal privacy" of the victim's family. 5 U.S.C. § 552(b)(7)(C)."

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