West Virignia Regional Jail and Correctional Facility v. Shane R. Marcum

Davis, Justice:

The Petitioner in this matter, the West Virginia Regional Jail and Correctional Facility Authority (“the Regional Jail”) brought this appeal from an order of the Circuit Court of Kanawha County. The circuit court’s order required the Regional Jail turn over a videotape to the Respondent, Shane Marcum, pursuant to his request under the West Virginia Freedom of Information Act (“FOIA”).1 In this appeal, the Regional Jail contends that the videotape is exempt from disclosure under FOIA pursuant to W. Va. Code §§ 29B-l-4(a)(2) and (19) (2016) (Supp. 2016). After a careful review of…