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Tag: Missouri Court of Appeals

PRESS RELEASE: Court of Appeals Rules Task Force “Substantially Complied” with Sunshine Law, Despite Failure to Respond to Four Requests

PRESS RELEASE: Court of Appeals Rules Task Force “Substantially Complied” with Sunshine Law, Despite Failure to Respond to Four Requests

FOR IMMEDIATE RELEASE:  September 12, 2018 CONTACT:  Dave Roland Mexico, Missouri—In an unpublished opinion filed on September 11, 2018, in Malin v. MUSTANG, a panel of the Missouri Court of Appeals ruled that, although attorneys for the MUSTANG Task Force admitted that the Task Force had failed to offer any response to four separate requests for public records, the court would affirm a judgment stating that MUSTANG “complied or substantially complied” with the Sunshine Law. An unpublished opinion has no precedential…

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Congratulations, You Won! Now Pay Up.

Congratulations, You Won! Now Pay Up.

On paper, Missouri’s Sunshine Law offers hope that if a citizen can prove in court that the government unlawfully denied a citizen’s access to public records or a public meeting, the citizen might recover the expenses they incurred associated with the lawsuit as well as limited civil penalties.  In practice, however, it is very, very rare for courts to award expenses or civil penalties – although it does sometimes occur, as in our Cole County Prosecuting Attorney case.  To win…

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