In June 1995, Michael Mays made a request to the New York City Police Department (NYPD) pursuant to the Freedom of Information Law (FOIL) for all documents relating to a particular officer's indictment. The NYPD provided Mays with certain materials but declined others. In November 1999, Mays filed an Article 78 proceeding asking the New York County Supreme Court to direct NYPD to release the additional documents.
After a review of the disputed materials, the court ordered the production of some documents but otherwise denied the request.
In May 2006, Mays filed another FOIL request with NYPD, again demanding all documents relating to the same indictment. This time, Mays gave a more detailed description of the documents sought. When the NYPD denied the request, Mays filed another case challenging the denial. But this time, the court granted NYPD's motion to dismiss on the grounds that the matter had previously been decided and that Mays was barred by a legal doctrine known as "res judicata."
On appeal, the Appellate Division, First Department, agreed noting that "under the doctrine of res judicata, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties involving the same subject matter."
The AD1 found that Mays' claim had already been adjudicated "on the merits" and could not be revisited, even though his subsequent request had been more detailed and specific.
Drats! Foiled again!
To download a copy of the Appellate Division's decision, please use this link: Matter of Mays v. New York City Police Dept.