Police Brutality & Civil Rights
Freedom of Information Act (FOIA)
4 statutes with plain-language summaries, case relevance, source links, and related Michigan practice areas.
Freedom of Information Act (FOIA)
4 statutes"It is the public policy of this state that all persons, except those incarcerated in state or local correctional facilities, are entitled to full and complete information regarding the affairs of government and the official acts of those who represent them as public officials and public employees, consistent with this act."Read Full Statute
Michigan's Freedom of Information Act gives citizens the right to inspect and obtain copies of public records held by government agencies, including police departments. Requestable records include police reports, body camera footage, dispatch communications, internal affairs files, and use-of-force reports.
FOIA requests are among the most powerful tools in police misconduct cases. They can yield records — including prior complaints against an officer — that a department might otherwise conceal.
We submit comprehensive FOIA requests immediately on intake in every civil rights case to obtain body camera footage, dispatch records, internal affairs files, training records, and any other documents the department possesses.
"If a public body fails to comply with this act, the requesting person may bring an action in circuit court to compel the public body's disclosure of the public records. If the plaintiff prevails, the court shall award the plaintiff reasonable attorney's fees, costs, and disbursements."Read Full Statute
If a government agency wrongfully denies or unreasonably delays a FOIA request, you can file suit in circuit court to compel disclosure. Courts can order the agency to produce records and award punitive damages and attorney fees for bad-faith denials.
Police departments sometimes deny FOIA requests in bad faith to protect officers facing civil litigation. The threat of attorney fees and punitive damages changes the department's calculus.
We litigate FOIA enforcement actions when police departments wrongfully withhold records, recovering the documents we need — plus attorney fees — to build the strongest possible civil rights case.
"A public body may exempt from disclosure as a public record under this act... information of a personal nature if public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy; records specifically described by statute as exempt; and records of law enforcement agencies the disclosure of which would interfere with law enforcement proceedings."Read Full Statute
Certain records are exempt from FOIA disclosure, including active criminal investigation files, personnel records of private individuals, and records whose disclosure would compromise law enforcement operations. Police departments frequently over-apply these exemptions.
Understanding what is and is not legitimately exempt allows us to challenge improperly withheld documents and force disclosure of records that should be public.
We challenge overbroad FOIA exemption claims in court, compelling disclosure of records that departments improperly classify as exempt from public access.
"If a public record contains information that is exempt from disclosure under this act, the public body shall separate or delete the exempt information and make the remainder of the record available for inspection and copying."Read Full Statute
Even when part of a document is legitimately exempt from FOIA, the non-exempt portions must still be disclosed. Government agencies cannot withhold an entire document because one section qualifies for exemption.
Police departments often try to withhold complete documents when only a small portion is technically exempt. Knowing they must produce the remainder is a powerful enforcement tool.
We insist on partial disclosure in every FOIA dispute and challenge blanket document withholdings, forcing police departments to produce all non-exempt portions of responsive records.