IN THE SUPREME COURT OF PENNSYLVANIA
MIDDLE DISTRICT
PENNSYLVANIA STATE POLICE, : No. 662 MAL 2021
:
Respondent :
: Petition for Allowance of Appeal
: from the Order of the
v. : Commonwealth Court
:
:
AMERICAN CIVIL LIBERTIES UNION OF :
PENNSYLVANIA, :
:
Petitioner :
ORDER
PER CURIAM
AND NOW, this 30th day of March, 2022, the Petition for Allowance of Appeal is
GRANTED. The issue, as stated by petitioner is:
Does a reviewing court abuse its discretion by remanding a RTKL appeal to the
OOR for additional fact-finding where: (i) the reviewing court concludes that the
agency has failed to meet its burden of proving the applicability of the only RKTL
exception at issue in the case; (ii) the agency has never requested additional
fact-finding or identified additional facts that, if added to the record, would
support application of that RTKL exception; and (iii) there is no fact in dispute
other than the ultimate question whether the record at issue is exempt from
disclosure under the RTKL?
The Applications for Leave to Appear as Amicus Curiae in favor of Allowance of
Appeal submitted by (i) the Pennsylvania NewsMedia Association and (ii) the Alliance for
Police Accountability, the National Police Accountability Project, and the Thomas Merton
Center are hereby DENIED as moot.