FOI: Sec. 1-241. (Formerly Sec. 1-211). Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals.

Sec. 1-241.  (Formerly Sec. 1-21l).  Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals. A public agency, as defined in subdivision (1) of section 1-200, may bring an action to the Superior Court against any person who was denied leave by the Freedom of Information Commission to have his appeal heard by the commission under subsection (b) of section 1-206 because the commission determined and found that such appeal or the underlying request would perpetrate an injustice or would constitute an abuse of the commission’s administrative process.  The action authorized under this section shall be limited to an injunction prohibiting such person from bringing any further appeal to the commission which would perpetrate an injustice or would constitute an abuse of the commission’s administrative process.  If, after such an injunction is ordered, the person subject to the injunction brings a further appeal to the Freedom of Information Commission and the commission determines that such appeal would perpetrate an injustice or would constitute an abuse of the commission’s administrative process, such person shall be conclusively deemed to have violated the injunction and such agency may seek further injunctive and equitable relief, damages, attorney’s fees and costs, as the court may order.  (P.A. 93-191, §2; P.A. 97-47, §14.)




Content Last Modified on 7/23/2014 10:01:25 AM