Thursday, July 14, 2005

~ wisconsin court of appeals denies policeman's request for records under the state public records law ~

Cop number 1 alleges that cop number 2 sexually harassed her. Cop number 2 requests the records generated related to the allegation, under the Public Records Act, but the police chief issues a denial. Cop sues to get records, looses, then appeals, looses. The state Supreme Court rules in the same vein. Hempel v. Baraboo

Chief Justice Shirley Abramson's opinion, referred to in this news story, suggests a troubling outcome of denying access to public agency records.

“Faced with trying to craft a standard to cover this decidedly unexceptional case, the majority opinion ends up, despite its assertions, creating a rule that unfortunately can be applied in a broad array of cases to deny access to records,” she wrote.