On December 10, 2015 the American Civil Liberties Union of Missouri and Dave Roland, a public interest attorney, filed a Sunshine Law suit against Cole County Prosecuting Attorney Mark Richardson for denying three of Malin’s requests for public records.
On April 1, 2015, Mr. Malin made his first request to the Cole County Prosecutor’s office for records of correspondence between the Prosecuting Attorney and the MUSTANG drug task force. On October 22, he made his second request for County indictments issued since July 2014 regarding the sale of narcotics in public housing. On October 30, Mr. Malin requested any open records inquiries received by the Prosecutor’s Office since January 1, 2015 and the office’s corresponding responses. Richardson denied all three requests on the basis that compiling and providing the records would be “unduly burdensome.”
“The Sunshine Law exists to keep our government and our public servants accountable to the people,” explained Dave Roland, public interest attorney and co-counsel on the case. "The law does not allow Prosecuting Attorneys to exempt themselves from the transparency the people have demanded."
“The Sunshine Law helps shine a light where those who stand opposed to open government don’t want us to look. The ACLU of Missouri will remain vigilant at fighting the disturbing trend of Prosecuting Attorneys failing in their duty to uphold the rule of law,” said Jeffrey A. Mittman, executive director of the ACLU of Missouri.