Lawsuit challenges Michigan’s freedom of information practices

Investigative journalist Charlie LeDuff has sued Attorney General Dana Nessel over public agencies’ handling of requests under the state’s Freedom of Information law.

The lawsuit, filed in the Michigan Court of Claims on LeDuff’s behalf by Outside Legal Counsel PLC, challenges what the complaint describes as an unlawful and increasingly common practice by Michigan public agencies: grant FOIA requests in name but don’t produce records for months or even longer.

The suit names the Michigan Department of Attorney General and seeks declaratory and injunctive relief to halt the use of so-called “grant-and-delay” responses, also known as King responses. In these responses, public agencies purport to approve a filed FOIA request but withhold records indefinitely without identifying exemptions or meeting meaningful timelines.

“This case is about restoring FOIA to what the Legislature intended — a disclosure statute, not a waiting game,” said Philip L. Ellison, principal attorney at Outside Legal Counsel PLC. “When an agency says, ‘We grant your request’ but then produces nothing for half a year or more, that’s not transparency. It’s loop evasion.”

2025 12 19 Complaint Final by mcclallen

In April 2025 LeDuff submitted a FOIA request to the Michigan Department of Attorney General seeking records concerning the state’s response to federal inquiries into COVID-19 and public nursing homes. The department took an extension, then issued a response stating the request would be granted for any non-exempt records. The response did not identify what the state would produce or withhold. Nessel’s office demanded thousands of dollars in fees.

LeDuff paid in full, but more than six months later, the state still hasn’t produced the records.

After making the payment, LeDuff sent follow-up correspondence and got repeated assurances, including a letter re-extending the timeline, which has again expired. According to the complaint, this pattern mirrors the experience of journalists, researchers, and citizens across Michigan who encounter the same tactic: approval without production, delay without end.

The attorney general’s office said it does not comment on pending litigation.

The lawsuit alleges that Nessel’s office and other state agencies have relied on internal practices and an attorney general opinion to justify prolonged delays. The suit argues that these practices undermine the Freedom of Information Act’s core purpose and strip Michigan residents of their statutory rights to timely disclosure and meaningful appeal.

The case has been assigned to Judge Brock Swartzle.

LeDuff, who writes for The Michigan Enjoyer, is an award-winning journalist and author known for hard-hitting investigations into government misconduct and institutional failure. He has spent decades using public records to expose abuses of power.

Outside Legal Counsel PLC is a Hemlock, Michigan-based constitutional and civil-rights law firm focused on FOIA enforcement and government transparency. The firm represents residents, journalists, property owners and citizens seeking to hold public bodies accountable under Michigan and federal law.