Privacy Act Request & FOIA Request denial

I have been trying for months now to come up with a way to get copies of my deceased sister's accident scene from the state police & the county coroner. It was suggested to me to try using a Freedom of Information Act Request with a Privacy Act Request, so I did. I sent these requests to both the state police and the coroner. I never heard from the police, but I did get a response pertaining to the one I sent to the coroner, it was a denial letter and it did not come from the coroner himself, but from a lawyer on his behalf. This is what the letter said: Pennsylvania enabling legislation establishes the parameters for Pennsylvania municipalities, including the county of Clinton, with regard to the dissemination of information. It is my opinion that information acquired by the county coroner, in performing the services of that office, are not public records "which need to be provided, upon request."
Can anyone tell me if this is a proper response to the types of requests that I made? From what I got out of it, this lawyer is just stating that its in HIS opinion that I don't get the information I seek and not because its an exemption under either of the acts that I made the requests under. What do I do from here? I'd prefer not to just drop it, if possible. I really want these pictures. Thank you to anyone who can help.

I remember your earlier posts. At this time, it sounds like your only recourse is to consider suing them for release of the documents and pictures.

I suggest that you either contact a lawyer, or consider dropping the issue.

Halket said:

I remember your earlier posts. At this time, it sounds like your only recourse is to consider suing them for release of the documents and pictures.

I suggest that you either contact a lawyer, or consider dropping the issue.

Click to expand...

My response:

Steve, while I applaud this young lady for her persistence and her unwaivering desire in her attempts to gather this information, young Meg will not be successful.

As I've tried to explain to her in the past, Meg does not have legal "standing" to sue anyone. Remember, she is the "sister" of the deceased. As such, the coroner does not have to comply with Meg's demands, any more than the coroner would comply with my demands.

If anyone can do what Meg wants, it would be one of Meg's parents. I can only presume, from Meg's many and varied posts, that she has already tried to convince her parents to obtain the photos and reports, but they have declined to do so. So, Meg has taken up this task on her own.

Again, Meg appears to have the tenacity and willpower, no matter what the obstacles - - and is to be commended for her sense of "right" and unwillingness to be told "no you can't"; but, in the long run, I don't hold out much hope for her because Meg is not "next in line" under her States' succession laws.

One other thought - - while Meg has never mentioned it, and for all we know, there may be a criminal investigation or indictment that is pending concerning the auto accident and death of her sister. In that regard, and while a criminal case is still open, such evidence would be "sequestered" as evidence until the absolute completion of such a criminal matter.

Just a thought, and I have no information from Meg's posts that this is, in fact, the case. I'm only trying to come up with some logical reasoning for the coroner to keep these records "secret".

IAAL

[Edited by I AM ALWAYS LIABLE on 02-23-2001 at 07:12 PM]

IAAL: I agree with your post.

And in my remembering Meg's other posts on this same subject, I recognized that she was not heeding our advice on this matter and seemed intent on trying every possible avenue to obtain the records, even over our recommendations and advice on the methods, IF AVAILABLE to her.

My reply was an attempt at a diplomatic recommendation that Meg discuss her concerns with a local attorney who could 'flesh out' more detail and, hopefully, at least provide some closure to this ongoing quest.

As for standing, I don't recall if she had legal standing... for example, as an Executrix of the estate.

Meg, please don't be offended by my 'talking around you' in this reply. It is not intended to be harmful, but is intended solely as advice for you to contact a local attorney who could probably put more 'on-point' direction to this obvious upsetting and consuming matter.

Having parents go for what I want

Thanks for the many replies to my posts on this matter.
Do you really think I might be able to get copies of the photos I seek if I have my mother ask for them? I know she won't get them from the police, they've already said the only way would be with a subpeona duces tecum, but maybe from the coroner? If she will do this, how should she go about it? Should she send in a FOIA Request & a Privacy act request as I did? Thank you for all your input into this matter. At least I tried.

Re: Having parents go for what I want

meg said:

Thanks for the many replies to my posts on this matter.
Do you really think I might be able to get copies of the photos I seek if I have my mother ask for them? I know she won't get them from the police, they've already said the only way would be with a subpeona duces tecum, but maybe from the coroner? If she will do this, how should she go about it? Should she send in a FOIA Request & a Privacy act request as I did? Thank you for all your input into this matter. At least I tried.

Click to expand...

My response:

Meg - - we know you've tried. And, I suspect, you'll keep trying. I just don't know how else to tell you that you're not going to get the reports, pictures, or anything else.

You see, what the police told you was correct - - which is the same thing I told you. You can use, and they will obey, a Subpoena Duces Tecum. However, in order to use such a Subpoena, YOU MUST have a lawsuit filed. There must be a legal "controversy" and a lawful reason and purpose for the coroner to give up those documents; e.g., as evidence in pending litigation or for a "Coroner's Inquest".

Anything short of pending litigation, the coroner is not required to turn any documents over to anyone. They will stay in some filing cabinet drawer, under lock and key, collecting dust. That's it.

Please believe me when I tell you, there is no lawful way for you to obtain the information you seek.

IAAL

[Edited by I AM ALWAYS LIABLE on 02-25-2001 at 01:23 AM]