The New Haven Register on Friday, Jan. 30 filed a complaint with the state Freedom of Information Commission, in an effort to obtain the amount of a settlement paid to the family of a Milford student who was barred from school over Ebola fears.

Stephen Opayemi had filed a federal lawsuit against Milford Public Schools and the city of Milford on behalf of his 7-year-old daughter after she was barred from school following a trip to Nigeria.

In October, the family and school officials announced a settlement had been reached, but they declined to comment on the terms.

The Register had submitted a formal Freedom of Information request asking whether Milford or its insurance carrier paid out any money to settle the case, and if so, how much. The Register asked to be provided with access to, or a copy of, any settlement document which answers this question.

In refusing the request, attorneys representing Milford and the school board indicated the parents of the minor do not consent to the disclosure, and the Federal Educational and Privacy Act may apply to prohibit such disclosure.

The Register asserts the public has a right to know the amount of a settlement against a municipality, whether it was funded directly by taxpayer money, or by an insurance settlement in which coverage is paid for by taxpayers.

The Freedom of Information Commission will schedule a hearing on the matter in the coming weeks.

Read some of the Register's coverage of the case here. 

By Michelle Tuccitto Sullo
New Haven Register
HAMDEN — The town Thursday disclosed it settled an excessive force lawsuit against the Police Department last year for $55,000.
Mayor Scott Jackson called it a “business decision” to settle as opposed to taking the case to trial.
The suit had been filed by Stephen and Nicholas Alberino in U.S. District Court in 2008. While the case was settled early last year, town officials refused to release the amount involved until now.
The New Haven Register filed a complaint with the state Freedom of Information Commission last fall, arguing the public has a right to information about a settlement involving litigation against a municipality.
A hearing took place in Hartford in February. The town Thursday finally revealed the amount, in exchange for the Register withdrawing its complaint.

Read more here. 

The state Supreme Court has agreed to consider a case which will have an impact on reporters' ability to get police reports in a timely fashion.

The Appellate Court recently agreed with the state police’s contention that if they put out a press release, regardless of how little information it contains, they have done enough to comply with state Freedom of Information law.

The Supreme Court will consider whether the Appellate Court's ruling was proper in the coming months.

The New Haven Register had lodged a complaint with the state Freedom of Information Commission after state police refused to release a police report on a near fatal attack on Route 8 in Derby in 2008, when Toai Nguyen severely beat his father. The commission sided with the New Haven Register.

The Department of Public Safety appealed to the Superior Court, and Judge Henry Cohn, a former assistant attorney general, sided with the state police, who were represented by Stephen Sarnoski, a current assistant attorney general. Cohn’s ruling prompted the appeal to the Appellate Court.

The New Haven Register did eventually receive the police report, but it took several months.

It is a bad day for journalism in Connecticut – with reporters’ future ability to get police reports in a timely fashion in jeopardy.

The state’s Appellate Court on Monday agreed with the state police’s contention that if they put out a press release, regardless of how little information it contains, they have done enough to comply with state Freedom of Information law.

The Appellate Court, which heard arguments in the case in November, issued an advanced release opinion on Monday. Read it HERE.

The Freedom of Information Commission is expected to discuss whether it will appeal to the state Supreme Court at its next meeting Aug. 8.

The New Haven Register had lodged a complaint with the commission after state police refused to release a police report on a near fatal attack on Route 8 in Derby in 2008, when Toai Nguyen severely beat his father. The commission sided with the New Haven Register.

The Department of Public Safety appealed to the Superior Court, and Judge Henry Cohn, a former assistant attorney general, sided with the state police, who were represented by Stephen Sarnoski, a current assistant attorney general. Cohn’s ruling prompted the appeal to the Appellate Court.

The New Haven Register did eventually receive the police report, but it took several months.

Here is an excerpt from a June 2010 New Haven Register editorial:  

“The bare bones press release from the state police identified Toai Nguyen, the charges against him, the date, time and place of his arrest, as well as a brief description of the incident. But, it left out crucial details like the name of the victim, the hospital where he was taken, his injuries or the weapon used in the assault….. Through its own persistence, the Register learned eventually that Nguyen was a mentally unstable, (undocumented) immigrant who had fractured his father’s skull with a metal bar used to disable the steering wheel of an automobile…… Clearly, press releases so lacking in detail as the one for Nguyen’s arrest are not sufficient.”

Read full editorials on the topic HERE and HERE.  In 2010, Nguyen was arrested for allegedly stabbing his sister. Nguyen’s court case in the stabbing incident is still pending in Superior Court in Milford, with his next court date on July 31.

UPDATE - Man accused of stabbing Shelton sister found not guilty by mental disease. Read the Register's coverage in the Aug. 1 edition here.

UPDATE - The Freedom of Information Commission decided at its meeting Aug. 8 to appeal to the Supreme Court.