Photo: KorArkaR/Shutterstock.com Maine High Court Clarifies What Constitutes 'Bad Faith' Failure to Comply With Records Request
In a matter of first impression, the Maine Supreme Judicial Court considered the circumstances under which a public entity's failure to comply with a Maine Freedom of Access Act request rises to the level of bad faith under the law's fee-shifting provision.
August 25, 2023 at 01:50 PM
6 minute read
In a matter of first impression, the Maine Supreme Judicial Court considered the circumstances under which a public entity's failure to comply with a Maine Freedom of Access Act request rises to the level of bad faith under the law's fee-shifting provision.
In the underlying case, the Maine County Commissioners Association Self-Funded Risk Management Pool (Risk Pool) appealed a judgment of the Kennebec County Superior Court which awarded attorney fees to the Human Rights Defense Center (HRDC). After an evidentiary hearing, the court ruled that Risk Pool refused, in bad faith, to comply with HRDC's records request under the Maine Freedom of Access Act (FOAA).
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