The ACLU of Delaware, represented by Public Citizen, filed suit against the Delaware Department of Correction (DOC) over its refusal to comply with the ACLU’s request under the Delaware Freedom of Information Act (FOIA) for access to documents regarding the medical care provided to inmates in the custody of the DOC. The DOC sought discovery from the ACLU and we filed a motion for a protective order. Our motion was granted in part and denied in part. 2007 WL 901592 (Del. Super. Ct. Mar. 15, 2007).
DOC moved for summary judgment arguing that the requested records are exempt from disclosure under the “pending or potential litigation” exemption. DOC’s contracted healthcare provider, Correctional Medical Services (CMS), intervened as a defendant and argued that the records are exempt from disclosure as trade secrets or confidential commercial information. We filed a brief arguing that the materials are not exempt from disclosure.
While the summary judgment motions were pending, CMS and the ACLU settled the lawsuit pursuant to an agreement that allows the ACLU to review the requested CMS documents subject to a non-disclosure agreement. The ACLU, having achieved its objective, dismissed the lawsuit.