PaFOIC

Denied: Case photographs not in Dept. of Corrections' possession.

Denied: A request to the Department of Corrections for photographs connected with a court proceeding in Luzerne County. The agency denied the request, saying it was not in possession of the photographs and suggested the requester contact Luzerne County Court of Common Pleas.
From the Pennsylvania Freedom of Information Coalition

Denied: A request to the Department of Corrections for photographs connected with a court proceeding in Luzerne County. The agency denied the request, saying it was not in possession of the photographs and suggested the requester contact Luzerne County Court of Common Pleas.

In his appeal to the Office of Open Records, the requester included a list of 25 other records he thought should be available. The OOR advised the requester that his appeal was limited to the records sought in his initial request.

The DOC provided a sworn attestation that it did not possess the photographs, which the Office of Open Records accepted as meeting its burden to prove it could not grant the request.

Rohland vs. Department of Corrections -- AP2009-0358