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Court rules against jacksonville police in foia lawsuit - Police Video Recorder - China IR Waterpro by wu chao
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Court rules against jacksonville police in foia lawsuit - Police Video Recorder - China IR Waterpro by WU CHAO
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| Article Posted: 07/11/2013 |
| Article Views: 76 |
| Articles Written: 1099 - MORE ARTICLES FROM THIS AUTHOR |
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Court rules against jacksonville police in foia lawsuit - Police Video Recorder - China IR Waterpro |
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By John Lyon Arkansas News Bureau LITTLE ROCK Sufficient evidence supports a woman s allegationsthat the Jacksonville Police Department did not properly respond toher Freedom of Information Act requests and unreasonably demandedthat she pay nearly $2,500 in copying fees, the state Supreme Courtruled today. The court issued the ruling in a lawsuit filed by Partne Daugherty,who was stopped for speeding by Jacksonville police on June 24,2010. In August 2010, Daugherty submitted a request to the departmentunder the state Freedom of Information Act. The materials sherequested included all audio and video recordings made byJacksonville police officers Josh Wheeler and Paul Huddlestonbetween July 24 and Aug. 13 of that year, among other things.
Jacksonville City Attorney Robert Bamburg initially responded thatthe request for audio and video materials was too broad andburdensome. In response to another request for the materials, hetold her she would have to pay $2,476 to cover reproduction costs. Daugherty had previously requested and obtained audio and videorecordings made by the officers on the day she was stopped. Shenext requested similar materials from June 25, 2010, and was toldthat the recordings had been routinely erased.
Daugherty sued the police department and city officials inSeptember 2010, alleging that they had violated the FOIA. PulaskiCounty Circuit Judge Ernest Sanders Jr. later dismissed the suit. In an appeal, Daugherty argued that the suit should not have beendismissed because the defendants had refused to provide requestedpublic records, demanded an unreasonable fee and destroyedevidence. In a unanimous opinion today, the state Supreme Court reversedSanders ruling on the first two points but affirmed it on thethird.
The court said a FOIA request can be refused if it is notsufficiently specific, but Daugherty s requests were not refusedon those grounds. Rather, the department refused to comply with the request on thebasis that it deemed it too broad and too burdensome. Nothing inthe FOIA allows a public agency to decline to reply to a request onthis basis, Justice Donald Corbin wrote in the opinion. The court also took issue with the police department s assertionin its briefs that it made efforts to provide Daugherty withinformation reasonably deemed relevant.
A custodian of public records is not allowed to choose to releaseonly records it deems relevant, Corbin wrote in the opinion. The court also said the FOIA allows a custodian of public recordsto charge a fee to cover reproduction costs, but it does not allowthe custodian to recover the hourly wages of employees, as theJacksonville Police Department sought to do by charging Daugherty$2,476. The court rejected Daugherty s claim that the department illegallydestroyed evidence, finding that the department had a policy oferasing audio and video recordings every 45 days and that nothingin the FOIA prohibits such a policy. The high court sent the case back to circuit court for a newhearing.
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