McCutchen files suit against UALR over alleged violation of Arkansas’ Freedom of Information Act
Fort Smith Attorney Joey McCutchen announced that he filed suit against the University of Arkansas at Little Rock alleging a violation of the Arkansas’ Freedom of Information Act (“FOIA”).
The matter stems from a FOIA request made by Attorney Chip Sexton seeking what is essentially an internal report regarding alleged religious discrimination against a faculty member.
UALR declined to produce the record claiming it was either an employee evaluation report or a personnel record which would result in a clearly unwarranted invasion of personal privacy. McCutchen noted, “We understand that UALR produced this record pursuant to a FOIA request to Robert Steinbuch, the person making the initial complaint about religious discrimination.”
“If the claim is that it violates Steinbuch’s privacy rights, he has waived any such claim. The only other person whose rights could be involved is the UALR Law School Dean but production of the report to Steinbuch under FOIA eliminates that possibility.” Steinbuch, who says that the report is not an evaluation report or personnel record for purposes of FOIA is also a co-author of the definitive textbook on the Arkansas Freedom of Information Act.
Click the following link for a copy of the lawsuit: