Open records dispute continues as Herald-Standard argues for release of DOC data
In a response to the state Department of Corrections (DOC) telling the Commonwealth Court that it has fulfilled its legal obligations in an open records request regarding inmate illnesses at a Luzerne Township prison, attorneys for the Herald-Standard maintain that the documents sought do exist and should be made available.
“Throughout its pleadings in this matter and previous communications with petitioners, the DOC has admitted to the existence of further, responsive documents to petitioners’ (Right to Know Law) request, but have improperly refused to search for or release the same,” wrote attorneys Charles Kelly and Michael Joyce in last week’s filing.
“And the DOC’s alleged ‘undue burden’ allegation of reviewing individual medical records that it admits that are in its possession is not a defense to compliance with the OOR (Office of Open Records) Final Determination and/or any such defenses were waived by the DOC’s failure to raise or establish the same before the OOR,” they added.
The Herald-Standard has been fighting for access to information about reported contracted illnesses, particularly respiratory ailments and various types of cancer, and the number of inmates or staff with those illnesses reported at the State Correctional Institute (SCI) at Fayette since its opening.
Kelly and Joyce also disagreed with the DOC’s insistence that it has provided all the responsive documents available, noting the inconsistencies in statements the department has made to the newspaper.
“Counsel for the DOC indicated to counsel for petitioners that he would inquire into the existence of a database with responsive information,” the newspaper’s attorneys wrote. “Later, counsel for the DOC indicated that no database or electronic search capabilities were available.”
The newspaper attorneys also included a request that the Commonwealth Court prevent the DOC from destroying any records that might currently exist.
“To the extent that the DOC currently has a standard operating procedure/records maintenance policy relative to the information at issue in this litigation, the DOC is obligated to immediately discontinue the destruction of any evidence that might be relevant to these proceedings, including the destruction of any and all medical records of current or former inmates of (SCI-Fayette),” the attorneys stated.
The OOR sided with the newspaper in December, issuing a Final Determination letter that required the DOC to turn over the requested data. The DOC did not appeal the order within 30 days, and it became binding. However, the DOC failed to produce the responsive documents, prompting the Herald-Standard to seek court intervention for enforcement of the OOR’s order.
The DOC’s attorney, Maria G. Macus, in June filed a response to a petition for review in Commonwealth Court requested by Herald-Standard, saying the department turned over everything it was required to make available to the newspaper. She also argued that the DOC would have to go through patient records one-by-one to more fully comply with the newspaper’s requests, which would be burdensome.
The Herald-Standard’s inquiry into inmate illnesses began after the Abolitionist Law Center and the Human Rights Coalition published a report titled, “No Escape: Exposure to Toxic Coal Waste at State Correctional Institution Fayette,” that alleged because the facility was surrounded by coal-related waste and water, it was a “massive toxic waste site.”
The law center and coalition report was later followed by a Department of Health report titled “Review of Cancer Burden at the PA State Correctional Institute-Fayette,” that stated the cancer rate among inmates was lower than the state cancer rate.