Journalist files lawsuit against Imperial County over records request

IMPERIAL COUNTY, Calif. (KYMA) - The First Amendment Coalition has filed a lawsuit on behalf of freelance investigative reporter Joey Scott, seeking the release of records related to the county's dealings with federal immigration agencies.

The lawsuit was filed after the county refused to provide documents requested by Scott under the California Public Records Act.

According to the complaint, Scott submitted records requests while reporting on the the U.S. Department of Homeland Security, U.S. Immigration and Customs Enforcement, and U.S. Customs and Border Protection's activity in Imperial County.

One request sought financial documents from 2018-February 2026, including contacts, purchase orders, invoices, and statements. A second request sought emails discussing the use of county facilities to house prisoners and youth detainees.

County officials reportedly declined to provide the requested records, citing the Supremacy Clause of the U.S. Constitution and the Comity doctrine as reasons for withholding the information. The Supremacy Clause State states that courts and officials are bound by the Constitution and federal laws, overriding any contrary provisions in state law.

Attorneys with the First Amendment Coalition argue that the county cannot refuse to disclose public records simply because federal agencies may prefer the information remain confidential. California residents are entitled to transparency regarding local government actions and financial relationships.

"The fact that you can get those records potentially from another agency is not a legal ground to decline to release them.So we sent a letter to the county. Did not receive a response to that. And that's why we went ahead and filed a lawsuit," David Loy, Legal Director of First Amendment Coalition told KYMA in an interview.

"This is the first time I have ever encountered an agency citing a supremacy clause in any of my public records request," Scott told KYMA.

Loy said this is a matter of transparency.

"Every time the Public Records Act is enforced, the public will benefit. The public interest is served,. Transparency is the oxygen of accountability at all public levels," he said.

He said the county has started releasing some documents following the filing of the suit, and he hopes will continue to cooperate.

Scott noted that there are some documents, particularly those regarding minors, that he understands may not be able to be released, due to privacy and protection.

"Whatever gets released here in the future will help clarify and clear up what's going on in Imperial County," he said.

Scott said that outside of journalists, the public has access to this type of information, and citizens have the right to request them.

As the parties move forward, and more documents are released, Loy hopes that the case will resolve itself, and no further actions are needed.

"Technically the government has, I think 30 days from when the complaint is formally served to file a formal answer. We may potentially extend that time if things are moving in a positive direction," Loy said.