In 2014, a Norman restaurant's surveillance video captured an incident depicting Joe Mixon striking a woman. The Norman Police Department (Department) was called to the location, investigated, and obtained and reviewed the surveillance video. On Friday, August 15, 2014, a Department detective filed an affidavit of probable cause seeking an arrest warrant for Mixon. The detective stated probable cause existed based on interviews completed by other officers, injuries sustained by the victim, and the surveillance video of the incident which he described in detail. The same day, the Cleveland County District Attorney filed a criminal information, referencing the same incident number as the probable cause affidavit and alleging that Mixon committed the misdemeanor crime of Acts Resulting in Gross Injury when he struck the female. Mixon voluntarily appeared in district court to answer the charge and was arraigned. At the same time, the district court ordered Mixon to be processed by the Cleveland County Sheriff's Department and to remain in custody pending his posting a bond. KWTV News 9, a member of the Oklahoma Association of Broadcasters (Association), requested a copy of the surveillance video from Department and District Attorney, referencing the Open Records Act. The Norman City Attorney emailed KWTV News 9 that, barring changes, such as the judge ordering the video sealed, he did "not know of a reason why [Department] would not be willing to make copies of the Mixon video available for public inspection and copying after November 1." Without furnishing copies of the video, the Department allowed KWTV News 9 and other media to view the video. Association was not present at this viewing. Mixon entered an Alford Plea to the criminal charge. The same day, Association made a request under the Act for a copy of the surveillance video from the City and the Department and KWTV News 9 renewed its request. District Attorney responded, informing Association that it no longer had the video as it had given the video to the victim. City told KWTV News 9 that Department had delivered a copy of the video to the City Attorney, who placed it in a litigation file. The Association filed petition for declaratory judgment, injunctive relief, and mandamus. Defendants filed motions to dismiss. The district court granted the motion. Plaintiff appealed. The Court of Civil Appeals affirmed in part, reversed in part, and remanded the proceedings. The Supreme Court concluded that the Association was entitled to judgment as a matter of law and entitled to a writ of mandamus. The video was ordered to be a part of the court record and preserved by the attorneys. The Defendants had to allow the Association a copy of the surveillance video. View "Oklahoma Assoc. of Broadcasters, Inc. v. City of Norman" on Justia Law

The Cincinnati Enquirer requested the disclosure of recordings from cameras mounted on the dashboards of two Ohio State Highway Patrol (OSHP) cars. The OSHP denied the request in its entirety. The Enquirer subsequently filed this mandamus action alleging that the OSHP and Ohio Department of Public Safety (ODPS) violated the Ohio Public Records Act by refusing to release the recordings. Thereafter, ODPS provided copies of the recordings to the Enquirer. The Supreme Court held (1) subject to redaction, the Enquirer had a clear legal right to the requested records and that the defendants had a clear legal duty to provide the records; and (2) the Enquirer was not entitled to attorney fees, statutory damages, or court costs. View "State ex rel. Cincinnati Enquirer v. Ohio Department of Public Safety" on Justia Law

This case arose out of statements made to a call-in radio show by Steve Murdock about his neighbor Candace Elliott. The show’s hosts were discussing a Bonneville County case that involved allegations of horse abuse and neglect. Elliott called in to comment. Several callers later, Murdock called in, questioning the veracity of Elliott’s statements, and making various claims about the horse meat market and (referring to Elliott) “Andi’s humane society.” Elliott filed suit, alleging that seven of Murdock’s statements defamed her individually and her foundation, For The Love Of Pets, Inc. The district court granted summary judgment in favor of Murdock. Elliott appealed, limiting her appeal to the statement, “Andi’s humane society puts .02% of the money they hit everybody up [sic] back into the care of animals,” which she alleged defames both her and her foundation. The Supreme Court found no reversible error in the trial court's judgment in favor of Murdock, and affirmed in all respects. View "Elliott v. Murdock" on Justia Law

Mazzaferro, a “vexatious litigant,” was replaced as trustee of a living trust. Mazzaferro’s son-in-law, Parisi, the conservator for the trust beneficiary, a dependent adult, alleged financial abuse and fraud by Mazzaferro. Parisi sought protection for himself and his wife and three adult children from a campaign of harassment by Mazzaferro, citing 21 litigation matters, all of which were resolved in Parisi‘s favor. Parisi noted Mazzaferro‘s harassment of Parisi‘s daughter at her workplace and by contacting her employer. Mazzaferro also wrote letters accusing Parisi of criminal activity and attempting to have Parisi, a probation officer, fired. Mazzaferro admitted writing the letters at issue, but insisted their contents were true, and denied that the incidents involving his granddaughter occurred. The judge made credibility findings, telling Mazzaferro, “I do not believe you,” and issued the requested restraining order. In the meantime, in separate proceedings, Mazzaferro unsuccessfully sought an elder abuse restraining order against Parisi; Mazzaferro was ordered to pay Parisi‘s attorney fees. Mazzaferro‘s application for permission, as a vexatious litigant, to appeal the restraining order was granted on July 24, 2015.9. Rejecting challenges to the sufficiency of the evidence and allegations of prior restraint, the court of appeal remanded to the trial court for a more precise definition of the prohibited conduct. View "Parisi v. Mazzaferro" on Justia Law

In this case, the court addresses the fees that local exchange carriers (LECs) can charge inter-exchange carriers (IXCs) for certain services they provide, in coordination with providers of Voice over Internet Protocol (VoIP), for the completion of “inter-exchange” calls. The FCC concluded that the disputed services are end-office switching services. Petitioner AT&T says that they are tandem switching services. In 2011, the Commission made a broad effort to update its system for regulating intercarrier compensation (the Transformation Order). The Commission, in In re Connect America Fund, ruled that the disputed services are indeed end-office access under subsection (3) of 47 C.F.R. 51.903(d). AT&T challenges the Declaratory Ruling. The court found that the Declaratory Ruling does not disclose the Commission’s reasoning with the requisite clarity to enable it to sustain such a conclusion. Therefore, the court vacated and remanded the order to the Commission for further explanation. The court need not reach AT&T's second challenge. View "AT&T Corp. v. FCC" on Justia Law

In 2014, an investigative reporter with ESPN requested incident reports from the Notre Dame Security Police Department (Department) involving 275 student-athletes. The Department denied the request, asserting that Notre Dame was a private university, and therefore, its police department was not a “law enforcement agency” subject to Indiana’s Access to Public Records Act (APRA). ESPN filed suit, alleging that the Department had violated the APRA. The trial court granted judgment on the pleadings in favor of ESPN, finding that the Department was not a “law enforcement agency” under the APRA because it was not a “public agency.” The Supreme Court affirmed, holding that the Department is not a “public agency” subject to the APRA. View "ESPN, Inc. v. University of Notre Dame Police Department" on Justia Law

NTCH challenges the FCC's Memorandum Order and Reconsideration Order approving the transfer of radio spectrum licenses to Verizon, granting Verizon forbearance from a statutory provision, and refusing to initiate proceedings to revoke other licenses held by Verizon. Verizon intervened in support of the FCC. The court rejected NTCH's claims and concluded that the FCC’s decision not to initiate proceedings to revoke Verizon’s licenses is not subject to judicial review; any questions about the licenses Verizon obtained before the Spectrum Assignment are not properly before the court; NTCH’s challenge to the FCC’s grant of prospective forbearance is moot because no foreign entity now has any ownership of Verizon; and the Commission’s determination that the Spectrum Assignment was in the public interest was reasonable and therefore survives arbitrary and capricious review. View "NTCH, Inc. v. FCC" on Justia Law

In 2008, Huon was charged with criminal sexual assault of Jane Doe. He claimed that the encounter was consensual and was acquitted. The website Above the Law (ATL) published an article entitled, “Rape Potpourri” which discussed two “rape stories,” one of which concerned Jane Doe’s allegations and Huon’s opening statement at his trial; the post was later updated to note that Huon was acquitted. Huon sued ATL, alleging defamation, intentional infliction of emotional distress, and false light invasion of privacy. Days later, a Gawker website published an article entitled, “Acquitted Rapist Sues Blog for Calling Him Serial Rapist” with Huon’s 2008 mugshot and the ATL article. The title was later changed to, “Man Acquitted of Sexual Assault Sues Blog for Calling Him Serial Rapist.” The Gawker article generated 80 comments from anonymous third-party users. Huon added Gawker as a defendant. The Seventh Circuit affirmed dismissal of the defamation claim. The title can be construed innocently when viewed with the rest of the article, which fairly reported on Huon’s trial and his initial complaint. The court reversed dismissal of the defamation claim concerning the third-party user comments. Huon adequately alleged that the publisher helped create at least some of the comments; one of the comments constitutes defamation under Illinois law. Because that claim was reinstated, the court also reinstated the false-light and intentional-infliction claims, which were dismissed against Gawker based solely on the rejection of his defamation claims. View "Huon v. Denton" on Justia Law

Ohio House Bill No. 663 protects the identity of individuals and entities that participate in the lethal injection process (Participants), not to be disclosed in public records or during judicial proceedings, except in limited circumstances, Ohio Rev. Code 149.43(A)(1)(cc), 2949.221(B)–(C). It directs courts to seal records that contain information related to the identity of Participants, allowing disclosure only if, “through clear and convincing evidence presented in the private hearing," the court finds that the Participant appears to have acted unlawfully with respect to the person’s involvement in the administration of a lethal injection.” HB 663 prevents licensing authorities from taking disciplinary action against a Participant and permits a Participant to bring a civil suit against any person who discloses that individual’s identity and participation. Plaintiffs, Ohio prisoners sentenced to death, claimed that HB 663 unconstitutionally burdened speech, created a regime of unconstitutional prior restraint, violated the Plaintiffs’ equal-protection and due-process rights, and their right of access to the courts, and denied the Plaintiffs constitutionally protected access to government proceedings. The Sixth Circuit affirmed dismissal, reasoning that the Plaintiffs lacked standing to challenge the Licensure-Immunity Provision and the Civil-Action Provision. Plaintiffs suffered only “conjectural or hypothetical injuries” rather than a “requisite distinct and palpable injury.” Plaintiffs had no constitutional right to the information they claimed they were being deprived of. View "Phillips v. DeWine" on Justia Law

The California Integrated Waste Management Act obligated local agencies to enact comprehensive waste management plans that would eventually divert half of their trash from landfills, Pub. Res. Code, 41780(a)(1), (2), and authorized local governments to issue franchises and licenses to private entities to provide services relating to the collection, transport, handling and disposal of solid waste. Plaintiff hauls waste under franchise agreements with cities in Sonoma County. Defendant, a waste management consultant, prepared a report for one of plaintiff’s competitors that questioned the accuracy of statements in plaintiff’s public reports about the percentages of the waste materials it collected that were recycled and thereby diverted from landfills. Plaintiff’s complaint alleged defendants’ report was false and defamatory and injured plaintiff’s business. Defendant filed an “anti-SLAPP” motion to dismiss. The trial court held defendants met their burden of showing plaintiff’s claims involve speech concerning a matter of public interest and are covered by the anti-SLAPP statute, Code of Civil Procedure 425.16 -425.18.4, but denied defendants’ motion finding that plaintiff demonstrated a probability of success on the merits. The court of appeal reversed, plaintiff failed to make out a prima facie case of falsity regarding defendants’ estimated diversion rates. View "Industrial Waste & Debris Box Service v. Murphy" on Justia Law