MSU Suing ESPN Over FOIA Request

Submitted by FauxMo on

http://www.lansingstatejournal.com/story/news/local/2017/05/02/msu-sues…

 

Basically, ESPN filed a FOIA request with MSU "seeking all police reports containing allegations of sexual assault since December 10, 2016," and MSU withheld some of the documents, claiming that the Ingham County Prosecutor specifically asked that those names not be released until the decision to bring charges (or not) has come. They're obviously seeking the names of the three accused/suspected football players in the long-lingering January case. 

 

I am not an expert on FOIA statutes, but it seems unlikely to me that MSU will win this case. Can a large state institution really withhold information because a local government official asks them to do so? I could be wrong, but that seems not right to me... 

 

 

BursleyBaitsBus

May 2nd, 2017 at 5:10 PM ^

What the fuck is the deal with this case? At first it seemed like MSU was being fair to the defendants, but now it's just kind of ridiculous. 

 

Has anyone seen a case where it took this long to produce names? 

 

Blueblood2991

May 2nd, 2017 at 5:14 PM ^

This doesn't really have to do with "winning" the case. MSU is basically asking a judge to tell them what to do because they're stuck in the middle. They're not seeking compensation.

ESPN won a similar case against them in 2015 that set precedent. However, now the Ingham County Prosecutor is trying to keep the files sealed until the investigation is over.

My personal opinion is that the new prosecutor is in over her head. I tried to give her the benefit of the doubt at first considering who she replaced, but this is just ridiculous at this point.

 

bronxblue

May 2nd, 2017 at 5:17 PM ^

Yeah.  It's not MSU trying to get compensation for a loss, but simply asking the court for an exemption to the usual FOIA requirements that ESPN already successfully sued them over.  And in this case, I don't completely blame MSU - they either have to comply with the FOIA and possibly divulge information relevant to an ongoing investigation, or fail to comply and (probably) loss another lawsuit with ESPN and have to pay damages.  

FauxMo

May 2nd, 2017 at 5:29 PM ^

I think you are both right. Of course, this case - or one virtually identical to it - has already been litigated between MSU and ESPN, and MSU lost. Why do they think this time will be different? It seems to me that there is a fine line between "we want guidance so we do the right thing" and "how can we drag this out as long as possible and hopefully keep more stories out of the news". Let's face it, 3 months is a long, long time for a prosecutor to decide on bringing charges, and with everything else MSU has going on that is so public, I am sure they would love to see this one just go away with no charges, the players back in school and on the team, etc. 

PopeLando

May 2nd, 2017 at 6:12 PM ^

They're playing CYA. The kind of lawsuit they're facing over ESPN's likely overreaching FOIA is peanuts compared to what kind of suits they'd face over releasing information which could sway a jury or put a student in harm's way. If I was MSU's FOIA officer, I wouldn't release this kind of thing without a court order either. There are a lot of very technical reasons to deny a FOIA request. And the prosecutor is definitely in over her head.

Clarence Beeks

May 3rd, 2017 at 9:51 AM ^

Yo_Blue never said they were.  It's not arguable that it isn't at the expense of the taxpayer.  There is literally no one else that provides funding for that office (or the court).  Whether the taxes go up or down, or not, isn't the point. The real issue is that it diverts already appropriated (scarce) dollars (and human resources) away from other cases.

yossarians tree

May 3rd, 2017 at 2:20 PM ^

The Ingham County Prosecutor's office is starting to look REALLY bad. There is a victim out there who has been waiting three months for them to act on this alleged assault case, plus we learned that they were part of sweeping under the rug a very serious allegation against Larry Nassar way back in 2014.

war-dawg69

May 2nd, 2017 at 11:38 PM ^

The Ingham county prosecutor Carol Siemons is controlling this and for what reason?. Is she foul, incompetent or being told what to do by some outside influence. To me there is just to much smoke to not issue warrants. How long did it take to file charges against Robertson?. This case stinks to high heaven and Carol Siemons needs to be called to task. I have a feeling Carol Siemons may be the one investigated before this one is done. Charges should havebeen filed months ago.

AZBlue

May 2nd, 2017 at 5:15 PM ^

But in reality, anyone who really wanted to know the names could have figured it out in less than 30 minutes on google by now. Obviously ESPN can't use the names without official confirmation but does it really matter at this point? I assume the names will come out in due time when they are charged or it is decided not to charge them.

If they really wanted to do a story they should request all records back 5-10 years to look for a larger trend at MSU. (IF one exists)

Larry Appleton

May 2nd, 2017 at 5:29 PM ^

A quick review of Michigan's FOIA indicates that such records need not be turned over it doing so might interfere with a police investigation. 

m83econ

May 2nd, 2017 at 5:18 PM ^

The assault was alleged to take place in January and there still has been no decision on whether to file charges & get arrest warrants? Incompetence or desperate attempt to make it all go away?

mGrowOld

May 2nd, 2017 at 5:19 PM ^

The Lansing PD offical report. the MSU internal police report, the Lansing Journal investigative report AND the Freep's crack investigative report all in one place for your reading enjoyment.

Image result for stacks of blank paper

MGoUberBlue

May 2nd, 2017 at 5:59 PM ^

At the "shape" website.

As one gets ole it is easier to get out to shape than in shape.

Especially at 72.......so I look at most of the guys from my MLaw group who subscribe to the former rather than the latter.

I really admire the women who work to keep it slim after child birth.