After Denying FOIA Request Under Peer Review Privilege, University of Michigan States No Responsive Documents Exist Regarding Dr. Foerster’s 2018 Peer Review Conducted by University Psychiatrist Dr. Kirk Brower
On January 5, 2026, Dr. Bradley Foerster submitted a FOIA request to the University of Michigan seeking the written decision and statement of the basis for the decision relating to Dr. Foerster's 2018 peer review conducted by University psychiatrist Dr. Kirk Brower.
On January 13, 2026, the University of Michigan denied the FOIA request based upon asserted peer review privilege and related FOIA exemptions.
The University subsequently denied Dr. Foerster's administrative appeal, after which Dr. Foerster filed suit in the Michigan Court of Claims.
On February 17, 2026, University counsel Daniel Tukel and Butzel Long filed the University's Answer and Affirmative Defenses denying FOIA violations and asserting that the University had properly applied exemptions from disclosure.
Following Plaintiff's April 22, 2026 interrogatories, and shortly before the University's interrogatory responses were due, the University of Michigan FOIA Office issued an amended response dated May 18, 2026 stating that "no responsive records exist," materially revising the University's original January 13, 2026 denial, which had relied upon asserted peer review privilege and FOIA exemptions.
On May 19, 2026, the University of Michigan subsequently stated under oath in interrogatory responses that no written peer review decision and no written statement of the basis for the decision were ever created in connection with Dr. Foerster's 2018 peer review. The University further stated that no responsive documents exist.
Following receipt of the amended FOIA response and discovery responses, Dr. Foerster informed University counsel Daniel Tukel that, based upon the University's current sworn representations, he was willing to voluntarily dismiss the action as effectively moot.
At the same time, Dr. Foerster noted that the University's current litigation position differed materially from the University's original FOIA denial and administrative appeal denial, which had asserted peer review privilege and FOIA exemptions rather than nonexistence of responsive documents.
On May 21, 2026, the Michigan Court of Claims entered a Stipulated Order of Dismissal With Prejudice, dismissing the action in its entirety and closing the case following the University's amended FOIA response and sworn interrogatory responses.
On May 27, 2026, Dr. Bradley Foerster subsequently filed a supplemental exhibit in the Michigan Court of Claims memorializing the chronology surrounding the University's revised position regarding the existence of responsive records, Plaintiff's resulting voluntary dismissal request, and the stipulated dismissal of the action.
The supplemental filing further documented that the University acknowledged during litigation that the original January 13, 2026 FOIA denial had been based upon asserted peer review privilege and FOIA exemptions before the University later adopted the position that no responsive records existed.
The documents below are presented in chronological order and include the original FOIA request, the University's denial and appeal responses, the pleadings filed in the Michigan Court of Claims, the University's amended FOIA response, sworn interrogatory responses, the Stipulated Order of Dismissal With Prejudice, and the supplemental exhibit filed following dismissal of the action.
Email to University Counsel Daniel Tukel Following Discovery Responses
University of Michigan Answer and Affirmative Defenses
February 17, 2026 Answer and Affirmative Defenses filed by University counsel Daniel Tukel and Butzel Long in Foerster v. University of Michigan, No. 26-000016-MZ.
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May 18, 2026 Amended FOIA Response
University of Michigan amended FOIA response stating that, subsequent to the January 13, 2026 denial, the FOIA Office was advised that no responsive records exist.
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May 19, 2026 Interrogatory Responses
University of Michigan interrogatory responses stating that no written peer review decision and no written statement of the basis for the decision were ever created in connection with Dr. Foerster’s 2018 peer review.
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Requests for Admissions Response
University of Michigan response acknowledging that the original January 13, 2026 FOIA denial was based on asserted peer review privilege and FOIA exemptions.
Interrogatory No. 4
University of Michigan interrogatory response stating that no responsive documents exist while additionally asserting that any such document, if it had existed, would have been exempt from disclosure based on privilege.
May 21, 2026 Stipulated Order of Dismissal With Prejudice
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May 27, 2026 Supplemental Exhibit Regarding Voluntary Dismissal
On May 27, 2026, Dr. Bradley Foerster subsequently filed a supplemental exhibit in the Michigan Court of Claims memorializing the chronology surrounding the University of Michigan's revised position regarding the existence of responsive records, Plaintiff's resulting voluntary dismissal request, and the stipulated dismissal of the action.
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Brad Foerster, MD PhD
Brad Foerster is a FOIA advocate documenting requests, transparency disputes, and accountability investigations involving public agencies, universities, police oversight, and Russia-Gate related inquiries. His work compiles original documents, timelines, and analysis of public records and institutional responses. Brad is also a board-certified radiologist, author of Town & Gown, and has published over 40 peer-reviewed articles. Brad lives in Potomac, Maryland with his family and is active in the Montgomery County Medical Society and the Takoma Park U.S. & World History Book Club.