SC20656 - Drumm v. Freedom of Information Commission (Exception from law enforcement records; "Because § 1-210 (b)
seeks to strike a balance between competing public
goods, fostering openness and transparency while protecting important governmental functions that demand
a degree of confidentiality, it makes sense that the legislature would have carved out an exception only for law
enforcement actions that are, at the very least, reasonable possibilities. ...Although the commission found this evidence to be
insufficient to satisfy the respondents’ burden, we find
it significant that the commission’s final decision was
predicated, as we explain hereinafter, on the clearly
erroneous factual finding that the police department
had not identified a suspect and, potentially, on the
application of a standard that required the respondents
to demonstrate either an actual or pending law enforcement action. Because application of the reasonable possibility standard that we adopted in this opinion is fact
intensive, we conclude that the case must be remanded
to the commission for further proceedings.")