Equality Under the Law Toolbox

Case Name: Wisconsin Institute for Law & Liberty v. United States Department of Justice

Type of Case: Open Records

Court: U.S. District Court for the Eastern District of Wisconsin

Case Number: 2017-CV-229

Filed On: February 21, 2017

Current Status: Records produced; case dismissed

The United States Department of Justice spent four years investigating claims that Wisconsin choice schools were illegally discriminating against students with disabilities.  While the DOJ alleged that choice schools were violating federal law, in the end their investigation found no wrongdoing.

On January 14, 2016, shortly after the investigation concluded, WILL filed a Freedom of Information Act request seeking records regarding the investigation, including any communications between DOJ and Wisconsin’s Department of Public Instruction.  The DOJ ignored the request for over a year, and WILL filed suit to compel compliance with FOIA.

After being sued, the DOJ produced over 1,000 pages of responsive records, and we dismissed the case.