Federal inmate says state police refuse to respond to FOIA requests

By Kyla Asbury | Nov 29, 2014

CHARLESTON – An inmate in the United States Penitentiary, McCreary is suing the West Virginia State Police for refusing to respond to repeated Freedom of Information Act requests.

Tpr. R.E. Cooper and John/Jane Doe, records custodian of the West Virginia State Police, were also named as defendants in the suit.

On Dec. 28, 2011, Richard Allen Smith Jr. submitted a written Freedom of Information Act request to the West Virginia State Police, according to a complaint filed Oct. 22 in Kanawha Circuit Court.

Smith claims he mailed follow-up letters requesting a response regarding the request on Jan. 26 and July 9, but the defendants failed to respond to any of the requests.

The defendants have a legal duty to comply with FOIA request, according to the suit.

Smith claims instead of complying with the FOIA request, the defendants have completely failed to respond to the request and follow-up letters.

The defendants knew or should have known that they had to comply with the FOIA request promptly, but they have willfully and intentionally ignored Smith’s requests, according to the suit.

Smith is seeking for the court to issue an order requiring the defendants to respond to his FOIA request and provide him with all the records he requested. He is representing himself.

The case has been assigned to Circuit Judge Jennifer Bailey.

Kanawha Circuit Court case number: 12-C-2132

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