WOODMAN v. DEPT. OF CORRECTIONS

No. 163382, No. 163383.

999 N.W.2d 463 (2023)

511 Mich. 427

Spencer WOODMAN, Plaintiff-Appellant, v. DEPARTMENT OF CORRECTIONS, Defendant-Appellee. George Joseph, Plaintiff-Appellant, v. Department of Corrections, Defendant-Appellee.

Supreme Court of Michigan.

Decided July 26, 2023.


Attorney(s) appearing for the Case

Honigman LLP, Detroit (by Robert M. Riley and Rian C. Dawson ) and the American Civil Liberties Union Fund of Michigan (by Daniel S. Korobkin ) for Spencer Woodman and George Joseph.

Dana Nessel , Attorney General, Fadwa A. Hammoud , Solicitor General, and Adam R. de Bear , Assistant Attorney General, for the Department of Corrections.

Nicholas A. Gable, Robert F. Gillett, and Paul D. Reingold for the State Bar of Michigan, the Michigan State Planning Body, the Legal Services Association of Michigan, and Disability Rights Michigan, amici curiae.

Winston & Strawn LLP (by Matthew T. Lammers, Charles B. Klein, and Alison M. King) for the Association of Pro Bono Counsel, amicus curiae.

Linderman Law PLLC (by Marla Linderman Richelew) and Gafkay Law, PLC, Saginaw (by Julie A. Gafkay) for the Michigan Association for Justice, amicus curiae.

BEFORE THE ENTIRE BENCH.


OPINION

These cases concern the availability of attorney fees under Michigan's Freedom of Information Act (FOIA), MCL 15.231 et seq. In particular, we must decide whether plaintiffs prevailed under MCL 15.240(6) and thus are entitled to attorney fees and costs. We must also decide whether a reasonable attorney fee under...

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