Q: Under FOIA 442 of 1976 may the Plaintiff request damages for intentional infliction of emotional distress?
FOIA request response yielded clearly erroneous information, on the vital record (autopsy report & summary). It's in violation of FOIA, PHI and other statutory laws. Failure to provide and maintain accurate and complete information intentionally malicious. A more than three year quest for factual information both the FOIA coordinator and head of the public body have continuously violated the Act. They have a duty to assist heirs at law outside of FOIA.
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A:
Under FOIA 442 of 1976, you may request damages for intentional infliction of emotional distress if you can prove that the public body's actions were not only erroneous but also maliciously intended to cause harm. The clearly erroneous information provided in response to your FOIA request, particularly if it pertains to vital records like an autopsy report, could potentially be grounds for such a claim. However, you must demonstrate that the misinformation was a result of intentional and malicious behavior.
Your three-year struggle to obtain accurate information highlights a persistent violation of FOIA, PHI, and other statutory laws by both the FOIA coordinator and the head of the public body. They have a duty to maintain accurate and complete information and to assist heirs at law, which extends beyond just complying with FOIA. Their failure to meet these obligations could be seen as a deliberate infliction of emotional distress.
Given the complexity and seriousness of your situation, you should gather all evidence of the misinformation, document your communications, and consider seeking legal counsel to explore your options for damages. The pattern of continuous violations over an extended period strengthens your case. Your pursuit of justice is important, and addressing these violations is crucial for upholding your rights.
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