Arkansas Freedom of Information Act request concerning Patric Patterson

Sonny Albarado filed this request on behalf of Nicole Einbinder with the Department of Correction of Arkansas.
Status
Rejected

Communications

From: Nicole Einbinder

To Whom It May Concern:

Pursuant to the Arkansas Freedom of Information Act, I hereby request the following records:

All publicly releasable records held by your agency concerning the incident that occurred on or around March 16, 2014 at the Varner Unit involving inmate Patric Patterson (ADC #107498) and inmate Michael Black, in which Black allegedly assaulted Patterson, including but not limited to:

— Incident report(s), including investigative notes and narrative descriptions
— Chronological record of events
— Property log(s)
— Memorandums, memos, and notes referencing the incident
— All photos, audio, and surveillance video of or concerning the incident, including but not limited to stationary pod footage, handheld camera footage, and other surveillance materials
— ADC policy prohibiting officers from entering the barracks alone

If you determine that any of the information qualifies for an exemption from disclosure, I ask you to note whether the exemption is discretionary, and if so whether it is necessary in this case to exercise your discretion to withhold the information. In any event, please provide a signed notification citing the legal authorities on which you rely if you determine that any of the information is exempt and will not be disclosed.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 3 business days, as the statute requires.

Sincerely,

Sonny Albarado, a citizen of Arkansas, in coordination with Nicole Einbinder.

From: Department of Correction

I do not handle FOIA requests. I am forwarding your request to Wade Hodge in the Legal Department for response.

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From: Department of Correction

Sonny Albarado,

The Arkansas Department of Corrections received your Freedom of Information Act (FOIA) request regarding the incident that occurred on March 16, 2014. According to Ark. Code Ann § 25-19-105(a)(1)(A), FOIA requests can only be made by citizens of the State of Arkansas. Although you state that you are a citizen of the state of Arkansas in your request, the address that you provided was for MuckRock News and it is not an Arkansas address. In order for us to proceed, please provide us with a mailing address as proof that you are a citizen of the state of Arkansas.

Thank you,
LATISHA MEADOWS
Quality Assurance Coordinator
Arkansas Department of Corrections
Phone: 1-501-537-7677
Email: Latisha.Meadows@arkansas.gov<mailto:Latisha.Meadows@arkansas.gov>

From: Department of Correction

Sonny Albarado,

"On December 4, 2023, the Arkansas Department of Corrections received your Freedom of Information Act (FOIA) request regarding the incident that occurred on March 16, 2014. It is uncertain whether you are a citizen of the state of Arkansas; as a result, on December 5, 2023, I sent you an email requesting that you verify whether you are a citizen of the State of Arkansas. I did not receive a response. According to Ark. Code Ann. § 25-19-105(a)(1)(A), a request under Arkansas FOIA can only be made by a citizen of the state of Arkansas. We have no proof that you are a citizen of the state of Arkansas; as a result, we cannot release any requested information and your request is denied.

Thank you,

LATISHA MEADOWS

Quality Assurance Coordinator

Arkansas Department of Corrections

Phone: 1-501-537-7677

Email: Latisha.Meadows@arkansas.gov"

From: Muckrock Staff

Hello Latisha,

Please see the following mailing address for Sonny Albarado, Arkansas Advocate:

[REDACTED]

If you require anything else, please let me know. Thank you for your continued partnership on this request.

Sincerely,

MuckRock Staff

From: Department of Correction

Sonny Albarado,

The Arkansas Department of Corrections has received your updated Freedom of Information Act (FOIA) request below and will respond as soon as possible.

Thank you,

LATISHA MEADOWS
Quality Assurance Coordinator
Arkansas Department of Corrections
Phone: 1-501-537-7677
Email: Latisha.Meadows@arkansas.gov<mailto:Latisha.Meadows@arkansas.gov>

From: Department of Correction

Sonny Albarado,

I have attached the information that the Arkansas Department of Corrections has that is releasable and responsive to your FOIA request in accordance with Administrative Rule 804.

Thank you,
LATISHA MEADOWS
Quality Assurance Coordinator
Arkansas Department of Corrections
Phone: 1-501-537-7677
Email: Latisha.Meadows@arkansas.gov<mailto:Latisha.Meadows@arkansas.gov>

From: Department of Correction

Latisha Meadows (DOC) would like to recall the message, ""Sensitive" RE: Arkansas Freedom of Information Act Request: Arkansas Freedom of Information Act request concerning Patric Patterson".

From: Department of Correction

Sonny Albarado,

I have attached the information that the Arkansas Department of Corrections has regarding the incident on March 16, 2014, that is releasable and responsive to your FOIA request in accordance with Administrative Rule 804.

As far as the policy that was requested, the Department does not have any records that are responsive to that request and is not required to create one in accordance with Ark. Code Ann. § 25-19-105(d)(2)(c).

Thank you,
LATISHA MEADOWS
Quality Assurance Coordinator
Arkansas Department of Corrections
Phone: 1-501-537-7677
Email: Latisha.Meadows@arkansas.gov<mailto:Latisha.Meadows@arkansas.gov>

From: Nicole Einbinder

Hi Latisha,

Thank you for providing these records. I saw that the disciplinary reports reference video footage of this incident. As is required under the Arkansas Freedom of Information Act, can you please provide copies of the referenced footage? I appreciate your assistance in this matter.

Sincerely,

Sonny Albarado, a citizen of Arkansas, in coordination with Nicole Einbinder

From: Department of Correction

Sonny Albarado,

The Arkansas Department of Corrections received the follow-up to your FOIA request for video records regarding the incident on March 16, 2014 involving Patric Patterson. Even if the video records were releasable, according to Administrative Directive 17-07, records from an incident arerequired to be retained for 7 years and then destroyed unless they were involved in litigation. The records that you are requesting are from 2014 and there is no record that they were involved in litigation; therefore, the Department no longer has the requested information and your follow-up FOIA request is denied.

Thank you,
LATISHA MEADOWS
Quality Assurance Coordinator
Arkansas Department of Corrections
Phone: 1-501-537-7677
Email: Latisha.Meadows@arkansas.gov<mailto:Latisha.Meadows@arkansas.gov>

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