FOR IMMEDIATE RELEASE
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Irvine, Calif. – The Investigative Reporting Program (“IRP”) at UC Berkeley’s Graduate School of Journalism filed a lawsuit against San Joaquin County challenging unlawful fees for copies of autopsy reports about deaths caused by law enforcement officers. IRP is represented by Professors Susan E. Seager and Jack Lerner with the Press Freedom Project of the Intellectual Property, Arts, and Technology Clinic at UC Irvine School of Law, as well as the First Amendment Coalition.
In March 2025, IRP asked San Joaquin County for copies of 34 autopsy reports in cases of persons who died during interactions with law enforcement officers. The county did not dispute that the reports must be disclosed under California law, but it demanded that IRP pay a flat fee of $25 per copy, for a total of $850, regardless of the length of any given report.
The lawsuit argues that the $25 flat fee is unlawful because it exceeds the direct cost of copying the reports. California law prohibits charging more for copies of public records than the direct cost of duplication, unless a statute specifically allows higher fees. According to the lawsuit, no statute allows the county to charge the $25 flat fee. Also, California law specifically prohibits charging for the costs of locating, editing, or redacting records related to killings by police.
“Access to public records shouldn’t depend on how much money someone has,” said Katey Rusch, a reporter at the IRP. “We’re grateful to the attorneys supporting our fight against this unlawful fee.”
“California law gives the public the right to know about police killings and in-custody deaths at minimal cost,” said Seager, an adjunct professor and founder of the Press Freedom Project, which provides free legal help to independent journalists and non-profits. “The public should be paying just pennies per page, not $25 per autopsy report.”
“Public records ultimately belong to all people, not just the rich,” said David Loy, the First Amendment Coalition’s legal director. “These kinds of fees price many people out of access to public records and unlawfully condition transparency on wealth.”
Legal documents in this case can be found here: https://firstamendmentcoalition.org/case/investigative-reporting-program-v-county-of-san-joaquin/