Sarah Rafique

If a government agency sends an open records request to the AG’s office citing they do not need to release the information due to pending litigation, but the government agency hasn’t actually been served with litigation, is that legal? Does that exception work?

The agency basically said they were given knowledge that a lawsuit was filed or would be filed. Turned out, the lawsuit was filed, but no notice in court that it’s been served to them.

Sarah Rafique

My guess is they can due to “anticipated litigation”

Jack R-W

Is this in a state or is it the federal FOIA?

Sarah Rafique

It’s a state university

Jack R-W

Which state?

Sarah Rafique

Texas

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