ACLU of Delaware v. Taylor

Government Transparency - FOIA
Press Releases:
Case Description: 

The ACLU of Delaware, represented by Public Citizen filed suit against the Delaware Department of Correction (DOC) over its refusal to provide information about how it treats prisoners for illnesses such as HIV, hepatitis and high blood pressure. The lawsuit, filed in the Superior Court of Delaware for New Castle County maintains that the withholding of documents relating to the correctional facility's treatment protocols for certain illnesses and operating procedures for wellness visits is in direct violation of the Delaware Freedom of Information Act (FOIA).

On behalf of the ACLU of Delaware, attorney Julia Graff requested information relating to certain prison policies. Although Graff was granted access to some of the information, Stanley Taylor, Delaware's Commissioner of Correction, refused her request for treatment protocols for HIV/AIDS, hepatitis, diabetes, heart disease, cancer, sexually transmitted diseases, pregnancy and gynecological care, high blood pressure, high cholesterol, dental care and chronic pain, as well as operating procedures for routine wellness visits, calling them "trade secrets" and "privileged or confidential" property of the prison's contractor, Correctional Medical Services, Inc. Although the Delaware DOC has refused to release the information, corrections departments in other states have provided similar prison health care policy information to the public.