Fort Smith citizen files another FOIA lawsuit for records related to proposed Franklin County prison
- Dennis McCaslin
- Jul 10, 2025
- 2 min read
On Thursday, Fort Smith attorney Joey McCutchen filed a lawsuit in Sebastian County Circuit Court on behalf of Marilyn Moore against the City of Fort Smith and Acting City Administrator Jeff Dingman for violations of the Arkansas Freedom of Information Act (FOIA).
The complaint stems from the City’s failure to timely produce public records related to the proposed construction of a new prison in Franklin County.
On October 31, 2024, Governor Sarah Huckabee Sanders announced the State’s surprise purchase of a $2.95 million property in Franklin County for a planned 3,000-bed prison. Local residents were not informed or consulted about the project in advance.
The City, through Acting City Administrator Jeff Dingman, initially denied that any records existed. Only after Marilyn Moore followed up demanding their release did the City provide responsive documents, and then attempted to make it appear as though her request had not been received until days later, after the deadline set under FOIA had already passed.
You can read the entire complaint by clicking the link below:
This lawsuit comes just weeks after Sebastian County Circuit Judge Dianna Hewitt Ladd found that the City and Mr. Dingman violated FOIA in a separate case involving the hiring of Rebecca Cowen as Internal Auditor.
In that case, the Court ruled that the City withheld clearly responsive records and that Jeff Dingman destroyed a background check that had been provided to him. The Court called the City’s lack of transparency in that case as troubling.
McCutchen stated, “This is no longer an isolated mistake by Mr. Dingman. The City of Fort Smith has shown a repeated disregard for transparency and a pattern of violating the public’s right to know. Citizens should not have to file lawsuits to get answers from their government both at the local and state level.”
McCutchen added, “Fort Smith residents have had repeated concerns regarding high water rates and City officials have announced millions of dollars of future costs for the transmission of water. Citizens of Fort Smith and the surrounding areas have a right to know how this project will impact them in the future.”
