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2021 Op. Del. Att'y Gen. 1 (2021)

handle is hein.sag/sagde0068 and id is 1 raw text is: CIVIL DIVISION (302) 577-8400
FAX: (302) 577-6630
DEPARTMENT OF JUSTICE      CRIMINAL DIVISION (302) 577-8500
NEW CASTLE COUNTY            FAX: (302) 577-2496
KATHLEEN JENNINGS           820 NORTH FRENCH STREET     FRAUD DIVISION (302) 577-8600
ATTORNEY GENERAL         WILMINGTON, DELAWARE 19801       FAX: (302) 577-6499
OFFICE OF THE ATTORNEY GENERAL OF THE STATE OF DELAWARE
Attorney General Opinion No. 21-IB01
January 14, 2021
VIA EMAIL
Anthony W. Dohring, Esq.
Dohring Law, LLC
DohringLawoa~icloud. com
RE:    FOIA Petition Regarding the Delaware Department of Corrections
Dear Mr. Dohring:
We write in response to your correspondence alleging that the Delaware Department of
Corrections (DOC) violated Delaware's Freedom of Information Act, 29 Del. C. §§ 10001-
10007 (FOIA) in connection with your request for records. We treat your correspondence as a
Petition for a determination pursuant to 29 Del. C. § 10005 regarding whether a violation of FOIA
has occurred or is about to occur. As set forth below, we determine that the DOC's denial of access
to a correctional facility's surveillance footage and the disciplinary records of an inmate is
appropriate under FOIA.
BACKGROUND
On October 1, 2020, you submitted a request to the DOC for seven items related to an
inmate's involvement in an assault incident at a correctional facility:
1) Any and all video recordings from any electronic recording devices located inside the
Key C-Tier building (aka Key C-Quad) on February 19, 2020 from 12:00 AM to
1:00AM;
2) Any and all video recordings from any electronic recording devices located outside of
the Key C-Tier building (aka Key C-Quad) but which faces in the direction of the Key
C-Tier building (aka Key C-Quad) or its entrances/exits, for February 19, 2020 from
12:00 AM to 1:00 AM;

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