Charleston Gazette v. Smithers

WORKMAN, Justice:

This case is before the Court upon the appeal of the Charleston Gazette (“Gazette”) from an order entered May 16, 2012, by the Circuit Court of Kanawha County, West Virginia, denying the Gazette’s motion for summary judgment and dismissing its complaint with prejudice. The Gazette filed this action against Colonel Jay Smithers,1 Superintendent of the West Virginia State Police (“State Police”) under the West Virginia Freedom of Information Act, West Virginia Code § 29B-1-1 to -7 (2012) (“FOIA”), seeking the disclosure of public records or documents2 from the State Police…