Four month wait for records is too long
It must be prisoner FOI week over at the Law Tribune, because we have a second inmate records request decision in this week’s issue. In fact, it is the same inmate. In this request, the inmate wanted questions answered about a policy that forbids prisoners from wearing boots. He also wanted a copy of the policy, which he was given four months after his request.
So what did the FOIC have to say about this frequent fliers appeal?
First the bad news for the DOC. The four month delay did not comply with the FOIA’s promptness provisions of General Statutes §§ 1-210(a) and 1-212(a). But what about the good news? They don’t have to answer questions about the policy. The FOIA does not force the DOC to answer the inmates questions. That would require creation of new records and the Freedom of Information Act only applies to records that have already been created.
The case was Elliot v. McGill, Doc. No. FIC 2008-601. You can read it here.