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PR 20-44 Rhode Island Center for Justice v. Rhode Island Department of Corrections Violation found

The Complainant alleged the DOC violated the APRA when it denied a request pursuant to R.I. Gen. Laws 38-2-2(4)(E) and 38-2-2(4)(F) and failed to state whether any portions of the documents were reasonably segregable. Having reviewed the withheld documents in camera, we determined that at least some portions of the documents fell within R.I. Gen. Laws 38-2-2(4)(F), but that DOC failed to comply with the APRA's requirement to state in writing that no portion of the requested documents is reasonably segregable. We therefore concluded that the DOC violated the APRA by failing to state whether any reasonably segregable portions of the requested documents could be released. Although we found no evidence of a willful and knowing, or reckless violation, we directed DOC to review the documents at issue and determine whether there are reasonably segregable portions that must be released under the APRA. VIOLATION FOUND

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