Sustained findings since 2017

Ananya Tiwari filed this request with the Baton Rouge Police Department of Baton Rouge-East Baton Rouge, LA.
Tracking #

P001682-111422

Est. Completion None
Status
Fix Required

Communications

From: Ananya Tiwari

To Whom It May Concern:

Pursuant to the Louisiana Public Records Law, I hereby request the following records:

Under the Louisiana Public Records Act § 44:1 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Baton Rouge Police Department’s Internal Affairs, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

Louisiana's Public Records Act does not exclude police disciplinary records from release, even if it violates the officer’s constitutional right to privacy, as ruled by the Louisiana Court of Appeals in its 2008 case of City of Baton Rouge v. Capital City Press.

Any person who has been denied the right to inspect or copy a record under the provisions of this Chapter, either by a final determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his request without receiving a final determination in writing by the custodian, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.

Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.

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,

Ananya Tiwari

From: Baton Rouge Police Department

Dear Ananya Tiwari:
Thank you for visiting the City of Baton Rouge Public Records Center.  We are in receipt of your request for records.  We will process your request; once your records are available, we will alert your office. Due to a recent high volume of request received by our office, please allow at least thirty days for production of any records that may be available.  Your request was received in this office on 11/14/2022 and assigned the reference number P001682-111422 for tracking purposes.

Records Requested: To Whom It May Concern:

Pursuant to the Louisiana Public Records Law, I hereby request the following records:

Under the Louisiana Public Records Act § 44:1 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Baton Rouge Police Department’s Internal Affairs, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

Louisiana's Public Records Act does not exclude police disciplinary records from release, even if it violates the officer’s constitutional right to privacy, as ruled by the Louisiana Court of Appeals in its 2008 case of City of Baton Rouge v. Capital City Press.

Any person who has been denied the right to inspect or copy a record under the provisions of this Chapter, either by a final determination of the custodian or by the passage of five days, exclusive of Saturdays, Sundays, and legal public holidays, from the date of his request without receiving a final determination in writing by the custodian, may institute proceedings for the issuance of a writ of mandamus, injunctive or declaratory relief, together with attorney's fees, costs and damages as provided for by this Section, in the district court for the parish in which the office of the custodian is located.

Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.

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,

Ananya Tiwari

Upload documents directly: https://www.muckrock.com/
To the extent the records pertain to an ongoing criminal or administrative investigation/prosecution, the relevant records will not be subject to disclosure pursuant to LSA-R.S. 44:3, unless otherwise deemed releasable pursuant to the BRPD Public Release of Critical Incident Recording Policy.
Monitoring the progress of your request is available by using the link below.  Again, thank you for using the City of Baton Rouge Public Records Center.

PLEASE NOTE:  Louisiana Public Records Law does not require a governmental body to create a new document in response to a request for public records.

From: Baton Rouge Police Department

--- Please respond above this line ---


Dear Ananya,
This appears to be a duplicative request so we will close this request out and maintain the previous request.
In response to the previous request, I stated:
"Please contact me at your convenience regarding this request.  As it stands right now, the request is very burdensome and will take a long time to gather.  Also the copy costs on this type of request will be very high (well over $1000).  We would like to discuss limiting your request so that you can obtain the information you are seeking in the most efficient manner.  My phone number is 225-389-3809.  I have attempted to call you, but the number you provided was disconnected."
Sincerely,
Deelee Morris

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