Coulter v. Pennsylvania Board of Probation & Parole
2012 Pa. Commw. LEXIS 176
| Pa. Commw. Ct. | 2012Background
- Coulter, on parole, sought Home Plan records from the Board under the RTKL on Oct. 6, 2011.
- The Board denied access, citing exemptions for private, confidential records and non-criminal investigations under RTKL and Board regulations.
- The OOR final determination (Nov. 23, 2011) upheld the Board, holding the Home Plans were part of Coulter’s parole file and exempt under 37 Pa. Code § 61.2.
- Coulter argued estoppel because the Board allegedly released information to third parties.
- The court held the records were exempt and the Board could withhold, affirming the OOR’s decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Are Home Plans public records under RTKL? | Coulter asserts records are not private since information was disclosed to others. | Board maintains Home Plans are private, confidential, and privileged as part of parole records. | Yes; records remain exempt as private parole records. |
| Does estoppel bar the Board from claiming confidentiality? | Board released information to third parties, so it should be estopped from asserting confidentiality. | Even if estoppel applied, records would still be exempt under RTKL. | Estoppel does not overcome the exemption; records remain nonpublic. |
| Are Home Plans exempt as non-criminal investigation materials under RTKL 708(17)(b)? | Records should be released if not strictly confidential. | Records are exempt as non-criminal investigation materials. | Yes; records are exempt as non-criminal investigation records. |
Key Cases Cited
- Bowling v. Office of Open Records, 990 A.2d 813 (Pa.Cmwlth.2010) (broad review standard for RTKL appeals)
- Stein v. Plymouth Twp., 994 A.2d 1179 (Pa.Cmwlth.2010) (independent review of Open Records orders)
- Barge v. Pennsylvania Board of Probation and Parole, 39 A.3d 530 (Pa.Cmwlth.2012) (parole-related records and supervision context)