Newman v. Del. Div. of Pub. Health, No. 21-1546, 2022 WL 1063857 (D. Del. Apr. 8, 2022) (Andrews, J.)

Newman v. Del. Div. of Pub. Health, No. 21-1546, 2022 WL 1063857 (D. Del. Apr. 8, 2022) (Andrews, J.)

Re:  Request for records concerning air, water, and food safety

Disposition:  Dismissing plaintiff's complaint

• Litigation Considerations, Jurisdiction:  "Plaintiff seeks information from Defendant, a state agency, under the Freedom of Information Act."  "She does not seek information from a federal agency."  "To the extent Plaintiff alleges a FOIA violation under Delaware Law, . . . she must seek an administrative review before filing suit in court."  "The same is true to the extent Plaintiff seeks information from an unnamed federal agency."  "The Complaint fails to state a claim for relief."  The court finds that "[t]here is no basis for the Court to exercise jurisdiction over a FOIA request to a state agency."