Texas Department of Criminal Justice v. Maurie Levin, Naomi Terr, and Hilary Sheard, 03-15-00044-CV

TDCJ sought to shield the identity of the execution-drug supplier under the Texas Public Information Act’s physical-safety exception.
The request targeted information identifying the compounding pharmacy and pharmacist involved in execution drugs.
The district court granted partial relief to plaintiffs but treated the information as fully disclosable on other grounds, leading to appeal.
TDCJ argues Cox allows withholding specific information connected to public-safety concerns; plaintiffs argue no such withholding without an actual threat or plot.
The court emphasizes deference to law-enforcement assessments of harm probability and requires a fact-specific link between disclosure and risk of physical harm.
The court ultimately considers remand as the appropriate path if TDCJ is not entitled to summary judgment.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Is withholding specific information under the physical-safety exception proper under Cox?	Plaintiffs argue no withholding unless an actual threat exists.	TDCJ argues Cox allows withholding information tied to public-safety risk.	Yes; withholding is proper when linked to a substantial risk of harm.
Does Cox require an actual threat or plot to justify the exception?	Plaintiffs contend no threat, so disclosure should be full.	TDCJ contends that threat probability, not an actual threat, suffices.	Cox permits deference to law-enforcement assessments without proving an actual threat.
Should the court defer to law-enforcement probability assessments?	Plaintiffs oppose a deference standard.	TDCJ relies on DPS assessments of harm probability.	Courts must defer to law-enforcement assessments unless vague.
Were past AG opinions controlling here?	Plaintiffs cite informal opinions to resist the standard.	TDCJ argues those opinions are nonprecedential and inapt post-Cox.	Past AG opinions do not control Cox-based analysis.

Tex. Dep’t of Pub. Safety v. Cox, 343 S.W.3d 112 (Tex. 2011) (physical-safety exception requires consideration of information-specific risk and deference to law-enforcement)