Sec. 1-241. (Formerly Sec. 1-21l). Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals.
Sec. 1-241. (Formerly Sec. 1-21l). Injunctive relief from frivolous, unreasonable or harassing freedom of information appeals. A public agency, as defined in
subdivision (1) of section 1-200, may bring an action to the Superior Court against any
person who was denied leave by the Freedom of Information Commission to have his
appeal heard by the commission under subsection (b) of section 1-206 because the
commission determined and found that such appeal or the underlying request would
perpetrate an injustice or would constitute an abuse of the commission's administrative
process. The action authorized under this section shall be limited to an injunction prohibiting such person from bringing any further appeal to the commission which would
perpetrate an injustice or would constitute an abuse of the commission's administrative
process. If, after such an injunction is ordered, the person subject to the injunction brings
a further appeal to the Freedom of Information Commission and the commission determines that such appeal would perpetrate an injustice or would constitute an abuse of
the commission's administrative process, such person shall be conclusively deemed to
have violated the injunction and such agency may seek further injunctive and equitable
relief, damages, attorney's fees and costs, as the court may order.
(P.A. 93-191, S. 2, 4; P.A. 97-47, S. 14.)
History: P.A. 93-191 effective July 1, 1993; P.A. 97-47 made a technical change; Sec. 1-21l transferred to Sec. 1-241
in 1999.
Annotation to former section 1-21l:
Freedom of Information Act (FOIA) Sec. 1-15 et seq. cited. 37 CA 589. Freedom of Information Act, Sec. 1-15 et seq.
cited. 42 CA 402. Freedom of Information Act cited. 43 CA 133.