Vancaster v. Ferguson, No. 23-467, 2023 WL 4596176 (E.D. Wis. July 18, 2023) (Pepper, C.J.)

Vancaster v. Ferguson, No. 23-467, 2023 WL 4596176 (E.D. Wis. July 18, 2023) (Pepper, C.J.)

Re:  Request for evidence concerning plaintiff’s criminal case

Disposition:  Screening complaint; dismissing case

• Procedural Requirements, Entities Subject to the FOIA:  “The court must dismiss the FOIA claim . . . for failure to state a claim upon which relief can be granted.”  “The court construes the plaintiff’s lawsuit as alleging that two employees of the Wisconsin Department of Justice – an attorney and a law enforcement officer – violated the [FOIA] . . . .”  The court finds that “[t]he [FOIA] applies only to federal agencies, not individuals and not state or local officials.”  “The plaintiff has no cause of action under FOIA because the Act does not apply to employees of a state justice department.”