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PR 15-48 Cullen v. City of Pawtucket No Violation

On October 10, 2014, an attorney submitted an APRA request to the City of Pawtucket ("City"). Pursuant to that request, some documents were provided and other documents were denied. Thereafter, the attorney, acting on behalf of his client, filed an APRA complaint alleging that the City's denial violated the APRA. The City argued that since the APRA request, and subsequent denial, was made by and to the attorney and not on behalf of the client, the attorney lacked standing to file this complaint on behalf of his client. The APRA provides that "[a]ny person or entity denied the right to inspect a record of a public body," may appeal the denial. See R.I. Gen. Laws 38-2-8(a). Since the client neither requested nor was denied access to certain records pursuant to the October 10, 2014 APRA request, the attorney lacked standing to file this complaint on behalf of his client.

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