The Delta County Prosecutor’s Office has denied a request for aggregate criminal case statistics, claiming the information does not exist as a single document, despite acknowledging that the data is contained in reports previously provided through other FOIA requests.
The denial, issued in response to FOIA Request #26-20, relies on the Densmore v Department of Corrections precedent to refuse reproducing documents that have already been provided.
View the responsive documents by clicking here -> 26-20
What Was Requested
On January 30, 2026, I submitted a FOIA request seeking:
“Total number of criminal cases filed by the Delta County Prosecutor’s Office from the prosecutor’s election date through December 31, 2025.”
The request specifically noted:
- Seeking only an aggregate numerical total
- Not requesting individual case files, names, identifiers, or personally identifiable information
- Would include any existing query result, summary output, or export from electronic case management systems
- Did not require creation of a new public record
The request included a fee waiver and asked for response within five business days.
What Was Provided
Records Located but Not Reproduced
The Prosecutor’s Office acknowledged locating nine responsive documents:
- 21st Century Report: January 1, 2024 to January 31, 2024
- 21st Century Report: January 1, 2025 to July 3, 2025
- Warrants Authorized by Agency: January 1, 2023 to November 30, 2023
- Budget Request for FY 2024-2025 Memo (dated 07/17/2024) and attachments
- Budget Request for FY 2023-2024 Memo (dated 09/10/2023) and attachments
- Charges on Authorized Misdemeanor Case Report: 01/01/2023 to 11/30/2023
- Charges on Authorized Felony Case Report: 01/01/2023 to 11/30/2023
- Charges on Authorized Felony Case Report: 01/01/2023 to 12/31/2023
Denial Based on Densmore
The Prosecutor’s Office refused to provide these documents, stating:
“As you have not provided any justification or need for the documents to be reproduced to you, the public body will not be producing these records for a second time pursuant to Densmore v Department of Corrections, 213 Mich 363 (1994).”
This is the fourth time the Prosecutor’s Office has cited Densmore in denying requests (see FOIA #26-45, #26-56, #26-57).
Denial of Aggregate Total
The request for a single “aggregate numerical total” of criminal cases filed was denied with the explanation:
“A review of existing records within the possession of or maintained by the Delta County Prosecutor’s Office reveals that no document currently exists detailing the ‘aggregate numerical total’ of ‘criminal cases filed by the Delta County Prosecutor’s Office from the prosecutor’s election [January 01, 2023] through December 2025.'”
The response further stated:
“Specifically, the request would require the generation or creation of a new public record to fulfill the request. Such creation is not required under Michigan FOIA. MCL 15.233(5). However, the ‘aggregate numerical total’ as requested can be gleaned from the previously provided documents. As such, the request for such an existing record is DENIED.”
What This Means
The Densmore Doctrine Applied Incorrectly
The Prosecutor’s Office is relying on Densmore v Department of Corrections, 213 Mich App 363 (1994), which allows public bodies to deny requests for documents that have already been provided to the same requester. However, this case law has important limitations:
- Purpose Requirement: Densmore requires consideration of the requester’s purpose. The Prosecutor’s Office did not analyze or consider the purpose of this request.
- Not Duplicate: This request is not a duplicate of the previous requests. It seeks a specific aggregate statistic that was not provided in the previous responses.
- New Information Sought: This request seeks the total number of criminal cases filed over a specific time period (January 1, 2023 to December 31, 2025). This specific statistic was not provided in previous FOIA responses.
Creation of New Records
The Prosecutor’s Office claims that providing an aggregate total would “require the generation or creation of a new public record.” However:
- Data Exists: The response acknowledges that the data exists within the previously provided documents.
- Simple Calculation: If the data exists in reports, extracting a total is a straightforward calculation or summary, not the creation of a new record.
- Electronic Systems: The request specifically asked for existing query results, summary outputs, or exports from electronic case management systems. If such systems exist, they should be able to generate aggregate totals without creating new records.
The Data Exists But Is Being Withheld
The most problematic aspect of this denial is that the Prosecutor’s Office acknowledges:
- The data exists in nine different documents
- Those documents contain the information needed to calculate the total
- The total “can be gleaned from the previously provided documents”
- But the office will not provide the total because the documents were previously provided
Timeline Coverage
The documents acknowledged cover:
- January 1, 2023 to November 30, 2023: Warrants and charges reports
- January 1, 2024 to January 31, 2024: 21st Century Report
- January 1, 2025 to July 3, 2025: 21st Century Report
- Budget memos: FY 2023-2024 and FY 2024-2025
Missing Coverage:
- August 1, 2025 to December 31, 2025: No documents acknowledged for this period
The request asked for data through December 31, 2025, but the acknowledged documents only cover through July 3, 2025. There is a gap of nearly five months.
Why This Matters
Public Oversight
The public has a right to understand:
- How many criminal cases the Prosecutor’s Office is handling
- Trends in criminal filings over time
- Whether the office’s workload is increasing or decreasing
- How the office is using taxpayer resources
Pattern of Obstruction
This denial fits a broader pattern of FOIA obstruction by the Prosecutor’s Office:
- FOIA #26-45: Migration timelines denied (Densmore cited)
- FOIA #26-56: Data exclusion documentation denied (Densmore cited)
- FOIA #26-57: Complete financial records denied (Densmore cited)
- FOIA #26-20: Case statistics denied (Densmore cited)
The repeated citation of Densmore suggests a systematic approach to obstructing public access to information.
Conclusion
FOIA Request #26-20 sought a simple piece of information—the total number of criminal cases filed by the Delta County Prosecutor’s Office over a three-year period. The Prosecutor’s Office acknowledged that the data exists in previously provided documents but refused to calculate the total, citing Densmore and claiming that doing so would require creating a new record.
This denial demonstrates the Prosecutor’s Office’s resistance to transparency and willingness to use technical legal arguments to withhold basic information that the public has a right to know.
Related Documents:
- FOIA Request #26-20 (January 30, 2026)
- Response dated February 5, 2026
- Previously provided documents: FOIA #25-94, FOIA #25-195
Key Information:
- Requested: Total criminal cases filed January 1, 2023 to December 31, 2025
- Response: Data exists in 9 previously provided documents but will not be reproduced
- Denial basis: Densmore v Department of Corrections, MCL 15.233(5)
- Missing period: August 2025 to December 2025 not covered
Tags: FOIA, Criminal Statistics, Transparency, Densmore, Delta County, Prosecutor’s Office, Public Records
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