Dept. Pub. Safety & Corr. Svcs v. Proctor

── Dept. Pub. Safety & Corr. Svcs v. Proctor ── Court: Court of Special Appeals of Maryland Date: May 12, 2026 Author: Hotten Category: General Department of Public Safety & Correctional Services v. Terry L. Proctor, Sr., No. 2295, September Term, 2024. Opinion by Hotten, J. RECORDS – EXAMINATION, INSPECTION, AND DISCLOSURE; PUBLIC ACCESS – MARYLAND PUBLIC INFORMATION ACT – PERSON IN INTEREST Courts retain the ultimate discretion to define a “person in interest” under the Maryland Public Information Act. Allowing the government to unilaterally define whether an individual qualifies as a “person in interest” would grant it the power to deny disclosure whenever it sees fit, undermining the very purpose of statutory oversight. RECORDS – EXAMINATION, INSPECTION, AND DISCLOSURE; PUBLIC ACCESS – MARYLAND PUBLIC INFORMATION ACT – PERSON IN INTEREST – PERSONAL REPRESENTATIVE A personal representative of a “person in interest” may qualify for enhanced inspection rights. RECORDS – EXAMINATION, INSPECTION, AND DISCLOSURE; PUBLIC ACCESS – MARYLAND PUBLIC INFORMATION ACT –– BURDEN OF PROOF The government bears the burden of demonstrating why nondisclosure of a public record is warranted. Generalized concerns that the disclosure would result in harm are insufficient to justify a total denial of disclosure. Circuit Court for Baltimore County Case No. C-03-CV-23-004890 REPORTED IN THE APPELLATE COURT OF MARYLAND No. 2295 September Term, 2024 ______________________________________ DEPARTMENT OF PUBLIC SAFETY & CORRECTIONAL SERVICES v. TERRY L. PROCTOR, SR. ______________________________________ Berger, Kehoe, S. Hotten, Michele D. (Senior Judge, Specially Assigned), JJ. ______________________________________ Opinion by Hotten, J. ______________________________________ Filed: May 12, 2026  This appeal arises from the denial by the Department of Public Safety and Correctional Services (“the Department”) of the request for records concerning a fatal incident at a state correctional facility. On September 29, 2023, Terry Proctor, Sr. (“Appellee”), the personal representative of the Estate of his deceased son, Terry Proctor, Jr., submitted a request under the Maryland Public Information Act (“MPIA”) for records surrounding the death of his son at the hands of another inmate. Following the refusal by the Department to disclose the requested materials, Appellee filed suit in the Circuit Court for Baltimore County seeking a declaratory judgment and order compelling their production. The circuit court, following a hearing, subsequently ordered the Department to produce two specific record items: a surveillance video documenting the decedent’s death and Independent Investigations Division (“IID”) video records depicting the prison employees’ response thereto. The Department now appeals that ruling, asserting that various statutory justifications under the MPIA preclude disclosure. QUESTIONS PRESENTED The Department presents two questions for our review: 1. Did the circuit court err in ordering the Department to disclose surveillance video of Mr. Proctor, Jr.’s murder despite the [M]PIA’s exception for records that con