ACLU of Delaware v. Dept. of Corrections

The Delaware Freedom of Information Act (FOIA) is a critical tool to facilitate public awareness and government accountability. Yet many state agencies continue to deny access to the very information FOIA was designed to make more transparent.

On January 27, 2025, the ACLU of Delaware filed an appeal with the Superior Court of Delaware following two FOIA request denials from the Delaware Department of Corrections (DOC) related to information on eligible incarcerated voters and elderly incarcerated individuals.

In August of 2024, ACLU-DE requested information about the number of incarcerated individuals who may be eligible to vote, the number of elderly individuals incarcerated in Delaware, and the information needed to contact them. The information requested was not confidential, nor did it pose any security risk. DOC's denial of these requests is indicative of a larger pattern of FOIA request denials from state agencies that keep important information out of view of the general public.

The request for eligible incarcerated voters aimed to gather the information necessary to provide accessible voter education. The right to vote is a cornerstone of our democracy, and ensuring incarcerated individuals have access to the ballot is critical to upholding it.

The request for elderly incarcerated individuals aimed to ensure these individuals are getting the necessary medical care and assistance that comes with aging, as well as gather information on Delaware's use of compassionate release. The recidivism rate of adults over 65 is only 4 percent, yet compassionate release laws are rarely used. We need to rethink the costly practice of keeping these people, who pose little or no risk to public safety, behind bars.

We stand firm in the belief that all incarcerated people should never be denied the information, care, or assistance they need and are constitutionally guarenteed. When upheld as intended, FOIA can and should be a powerful tool in helping to ensure the civil rights and liberties of vulnerable populations are protected.