Denied: Autopsy report not yet public under Coroner's Act
May 27, 2009 Filed in: Denied
| Appealed to
court | Cumberland
Co. | Coroner's
Act | Autopsy
reports
Denied: A request to the
Cumberland County coroner for records revealing
the manner of death for a man found dead six days
prior to the request.
From
the Pennsylvania Freedom of Information Coalition
Denied: A request to the Cumberland County coroner for records revealing the manner of death for a man found dead six days prior to the request.
The coroner's office denied the request, stating that any information regarding the death occurring in 2009 would not become public record until 30 days after the end of the year.
The Office of Open Records, in its response to the appeal, noted that the issue before it was whether the manner of death, information contained within an autopsy report, is a public record. It cited two previous cases: Brubaker vs. Lancaster County AP 2009-0104 and Yarnall vs. Butler County Coroner, AP 2009-0203, noting that those determinations are binding on this case.
"It is the view of the OOR that the mandate of the Coroner's Act continues to govern public access to autopsy reports, which the court has deemed to be an 'official record' of the coroner's officer," the OOR said. "Thus, as official records of the coroner's office, autopsy reports are public record, as defined under the RTKL, as of the date of required filing -- 30 days after the end of each year."
The OOR noted that if a citizen requests an autopsy report and it has been filed with the prothonotary in accordance with the Coroner's Act, the record is public and available under the RTKL. But if the report has not yet been filed, the autopsy report may be protected until made public, as governed by the Coroner's Act, 30 days after the end of the calendar year.
Hockley vs. Cumberland County Coroner -- AP 2009-0337
APPEALED TO CUMBERLAND COUNTY COURT OF COMMON PLEAS
Denied: A request to the Cumberland County coroner for records revealing the manner of death for a man found dead six days prior to the request.
The coroner's office denied the request, stating that any information regarding the death occurring in 2009 would not become public record until 30 days after the end of the year.
The Office of Open Records, in its response to the appeal, noted that the issue before it was whether the manner of death, information contained within an autopsy report, is a public record. It cited two previous cases: Brubaker vs. Lancaster County AP 2009-0104 and Yarnall vs. Butler County Coroner, AP 2009-0203, noting that those determinations are binding on this case.
"It is the view of the OOR that the mandate of the Coroner's Act continues to govern public access to autopsy reports, which the court has deemed to be an 'official record' of the coroner's officer," the OOR said. "Thus, as official records of the coroner's office, autopsy reports are public record, as defined under the RTKL, as of the date of required filing -- 30 days after the end of each year."
The OOR noted that if a citizen requests an autopsy report and it has been filed with the prothonotary in accordance with the Coroner's Act, the record is public and available under the RTKL. But if the report has not yet been filed, the autopsy report may be protected until made public, as governed by the Coroner's Act, 30 days after the end of the calendar year.
Hockley vs. Cumberland County Coroner -- AP 2009-0337
APPEALED TO CUMBERLAND COUNTY COURT OF COMMON PLEAS