O'Neill v. Gianforte
(Filed: Sep. 21, 2021, Appeal: Jan. 12, 2024)
Through the Right to Know, the Montana Constitution guarantees that Montanans may access documents that public bodies use and produce in their decision-making processes. Montana citizen Jayson O'Neill submitted a public information request in May 2021, asking the Governor's Office for copies of "Agency Bill Monitoring Forms"—an invention of the Gianforte Administration, the precise content of which remains a mystery. The Governor refused to produce any information in response to the request, claiming that the forms were subject to privileges never before recognized under state law. O'Neill challenges this claim and has filed suit to protect Montanans' right to transparency and public participation in government.
Filings
Complaint (Sept. 21, 2021)
Answer (Nov. 23, 2021)
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Plaintiff's Motion for Summary Judgment (Apr. 20, 2022)
Brief in Support (Apr. 20, 2022)
Defendant's Cross Motion for Summary Judgment (July 1, 2022)
Defendant’s Brief in Support of Motion, and in Opposition to Plaintiff's Motion, for Summary Judgment (July 1, 2022)
Plaintiff's Brief in Opposition to Defendant's Motion for Summary Judgment, and Reply in Support of Plaintiff's Motion for Summary Judgment (July 15, 2022)
Defendant's Reply in Support of their Cross Motion for Summary Judgment (Aug. 1, 2022)
Order Granting Plaintiff's Mot. for Sum. Judgment and Denying Defendant's Cross Mot. for Sum. Judgment (Dec. 14, 2022)
Defendant’s Notice of Appeal (Sep. 22, 2023)
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Appellant's Opening Brief (Jan. 12, 2024)
Appellee's Response (Mar. 12, 2024)
Appellant's Reply (Apr. 25, 2024)
Press
Seaborn Larson, Governor sued for denying records request, Helena Independent Record (Sept. 21, 2021)
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Darrell Ehrlick, Gianforte mum about legislative tracking form, claims executive, deliberative privilege, Daily Montanan (Apr. 21, 2022)
Governor claims new restriction on ‘Montanans’ Right to Know’, Valley Journal, (Apr. 26, 2022)
Michael Marino, Governor Refused Access to Public Documents, Lawsuit Alleges, Montana News Medium (Apr. 28, 2022)
Holly Michels, Judge orders Gianforte turn over documents to court, Independent Record (Dec. 15, 2022)
Amanda Eggert, Judge denies Gianforte’s ‘executive privilege’ defense in record request lawsuit, Montana Free Press (Dec. 15, 2022)
Keila Szpaller, Montana judge to governor: Turn over records for review, Daily Montanan (Dec. 15, 2022)
Austin Amestory, State Supreme Court hears arguments over executive privilege, Montana Public Radio (Nov. 13, 2024)
Keila Szpaller, Montana Supreme Court hears oral arguments about ‘executive privilege’ in O’Neill v. Gianforte, Daily Montana (Sep. 16, 2024)