Freedom of Information Act (FOIA)

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 denies all or part of a FOIA request, the requester can appeal or file a civil action to compel disclosure. A fully prevailing requester is entitled to reasonable attorney fees, costs, and disbursements; partial prevailing makes fees discretionary. Arbitrary and capricious violations can trigger a $1,000 civil fine to the state and $1,000 in punitive damages to the requester.

Police departments sometimes overuse exemptions or delay disclosure. FOIA enforcement can force production, but the available fee and damages remedies depend on how the case is resolved.

We litigate FOIA enforcement actions when police departments wrongfully withhold records and preserve fee and damages arguments under the correct statutory subsections.

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.

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.