Judge Refuses to Dismiss FOIA Lawsuit Against AG’s Office

According to a report in Gongwer, a judge rejected the Department of Attorney General’s motion to dismiss a Freedom of Information Act (FOIA) lawsuit, brought by Progress Michigan, asserting department employees conducted public business using undisclosed private email accounts.

The lawsuit is seeking all emails sent by Attorney General Schuette and 20 staff and department attorneys from their personal accounts. The complaint, filed in April, alleges Schuette and his staff used personal emails to conduct state business, and that the office’s refusal to disclose those emails violated the Freedom of Information Act. The complaint also alleges failure to preserve state records.

The Office Attorney General moved to dismiss the case on technical grounds, but the court disagreed against the attorney general’s argument that the Progress Michigan filed its amended complaint after the statute of limitation under FOIA had expired.

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