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GIARRATANO v. JOHNSON

No. 2:06CV00004.

456 F.Supp.2d 747 (2006)

Joseph M. GIARRATANO, Plaintiff, v. Gene JOHNSON, director of the Virginia Department of Corrections, et al., Defendants.

United States District Court, W.D. Virginia, Big Stone Gap Division.

October 16, 2006.

Attorney(s) appearing for the Case

Rebecca Glenberg, American Civil Liberties Union of Virginia Foundation, Inc., Richmond, VA, Steven D. Rosenfield, and R. Frazier Solsberry, Charlottesville, VA, for Plaintiff.

Mark R. Davis, Senior Assistant Attorney General of Virginia, Richmond, VA, for Defendants.

OPINION

JONES, Chief Judge.

In this action arising under 42 U.S.C.A. § 1983 (West 2003), the issue is whether the statutory exclusion of prisoners from making requests for public records under the Virginia Freedom of Information Act ("VFOIA") is constitutional. I find the prisoner exclusion provision of the VFOIA constitutional on its face and as applied to the plaintiff's request for public documents. Accordingly, I will grant the defendants' Motion...

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