Dep’t of Corr. v. Surovell
Annotate this CaseScott Surovell filed a verified petition for writ of mandamus requesting documents pertaining to various aspects of executions conducted in Virginia from the Virginia Department of Corrections (“VDOC”) through the Virginia Freedom of Information Act (“VFOIA”). After a hearing, the circuit court ordered VDOC to produce some of the requested documents. VDOC appealed, arguing that the circuit court erred in requiring production of the documents at issue, whether in redacted form or in full. The Supreme Court reversed the judgment of the circuit court ordering VDOC to produce the requested documents at issue and to redact current and prior execution manuals, holding (1) the circuit court must make a de novo determination of the propriety of withholding the documents at issue to such an extent such disclosure would jeopardize security, but in doing so, the circuit court must accord “substantial weight” to VDOC’s determinations; (2) because the Court was unable to decipher what weight the circuit court afforded VDOC’s expert testimony, the matter must be remanded to the circuit court to apply the standard articulated herein to the facts; and (3) the circuit court erred to the extent it ordered redaction because VDOC is not required to redact exempt documents.
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