Use of force (response to resistance) guidance, policies, and data (University Of Virginia Police Department)

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Dear Beryl Lipton:

I am writing in response to your recent request for records under the Virginia Freedom of Information Act (FOIA), Va. Code § 2.2-3700 et seq., for the following records:
University Of Virginia Police Department FOIA Office
P.O. Box 400229
400 Ray C. Hunt Drive Charlottesville, VA 22904

November 16, 2020
To Whom It May concern:


Pursuant to the Virginia Freedom of Information Act, I hereby request the following

• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include "Response to Resistance" policies and similar guidance.
Please also provide all policies regarding the use of lethal, less-lethal, and non­lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases,sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.
Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as 1,ell as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.
Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge,

• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.

• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency's responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency's responsibilities for reportings uses of force or weapons

• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to: Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident ·
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of.this agency, including but not limited to: Date, time: The date (month, day, year) and time of the incident
Location: street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: description of each type of force used
Disposition or status of any investigation or follow-up review of the incident Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.
If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.
If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.
This request is being made by a reporter as part of a journalistic investigation, It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed, There is no commercial interest in the submission of this request or the release of these records.

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 5 business days, as the statute requires.
Sincerely,

Beryl Lipton

Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
For mailed responses, please address (see note): MuckRock News
DEPT MR 104928
411A Highland Ave Somerville, MA 02144-2516
PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
Under Va. Code §2.2-3704(A), “all public records shall be open to citizens of the Commonwealth, representatives of newspapers and magazines with circulation in the Commonwealth, and representatives of radio and television stations broadcasting in or into the Commonwealth during the regular office hours of the custodian of such records.” If you do not meet either of these qualifications, your request may not be fulfilled.

If you are a member of the media, can you identify the newspaper or magazine with circulation in the Commonwealth that you represent in connection with this request, or can you identify the radio and television station broadcasting in or into the Commonwealth that you represent in connection with this request? If you are not a member of the media, pursuant to Virginia's FOIA statute, Va. Code §2.2-3704(A), the University of Virginia requires requesters to provide their full name and legal address. Please send me your name and legal address so that I may continue to process your request.

Sincerely, Freedom of Information Act Officer University of Virginia
www.virginia.edu/foia
To monitor the progress or update this request please log into the Public Records Center. (https://u8387795.ct.sendgrid.net/ls/click?upn=nZGH0ylxadMp5hTpNkeAFk-2BnsjPfMCQcl2JZJkPyFpTvfbwSeQlyWTxad9RVa4g73qseo0vP4h0YrapwmudDm0bDQpP4tKT1BsCyoSHiLEJ3roTBdI7Q-2B3k87XMG-2B7FNLMug_wdqedqSqCbPzD-2BFX-2FXeyapOfASIkAxkk5P8lnLCDEOWz4Is4vbLfOTV6aEP5X9GjG74IgTiS1D6v9EPSUAG8FGUcCysQ9CYdT1Hyw5984O33cUZa-2F1GUpyHFhCk6-2Bi0gzwIJEQRirIRvoE9B72pnyM-2FMILtALvDljGY65HGEG6UXnZTFjWaLQ04ObbTNn-2Fn4ngZzdBXqDJvMJWPuFIJNGTpwuh7jwWinSnjykfCacYAugV7MQ19R7R7K-2BMJOSAETH-2BrMc5J6gQJdVS-2F2BCpFA9sU6I-2BIPT5VGnbgOeD6-2BYxDzLtUmkyMoVt6zAc-2FIAsODn2AMgpNu2Ku-2BVEf3nM2UFBQSjoJmZY8eKMpUHd9-2FdQYPbyi11JFpFxlj5-2BIyAbFbJKoiUZ1fc0S1rTzpJdCVnSTZKqVhDS-2FHuhB85Z0VhY-3D)

Dear Beryl Lipton,
Thank you for registering with the University of Virginia Public Records Center.
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Hello,

Unfortunately your email was not recognized and has not been routed accordingly.  Please be advised that if you wish to submit a new request or check on the status of an already submitted request, you should visit the Public Records Center. Description: TO: "University of Virginia FOIA"[universityofvirginia@mycusthelp.net]

University Of Virginia Police Department
FOIA Office
P.O. Box 400229
400 Ray C. Hunt Drive
Charlottesville, VA 22904
December 15, 2020
This is a follow up to a previous request:
To Whom It May Concern:
I wanted to follow up on the following Virginia Freedom of Information Act request, copied below, and originally submitted on Nov. 14, 2020. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
Filed via MuckRock.com
E-mail (Preferred): requests@muckrock.com
Upload documents directly: https://www.muckrock.com/
Is this email coming to the wrong contact? Something else wrong? Use the above link to let us know.
For mailed responses, please address (see note):
MuckRock News
DEPT MR 104928
411A Highland Ave
Somerville, MA 02144-2516
PLEASE NOTE: This request was filed by a MuckRock staff reporter. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
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On Nov. 30, 2020:
Subject: Welcome to the University of Virginia Public Records Center!
Dear Beryl Lipton,
Thank you for registering with the University of Virginia Public Records Center.
Your Login ID is:  requests@muckrock.com
If you did not submit your request through the public portal but are receiving this e-mail, an account has been created for you where you can track and monitor the status of your request, and receive any documents in response to your request.
If you have never used this system or cannot remember your password you may request a temporary password here: Request Temporary Password (https://universityofvirginia.mycusthelp.com/WEBAPP/_rs/ForgotPassword.aspx)
Please login to "My Request Center" to update your account information, track the status of your request and receive requested records when they become available.
This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY
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On Nov. 30, 2020:
Subject: Freedom of Information Act Request :: P001890-113020

This is an auto-generated email and has originated from an unmonitored email account. Please DO NOT REPLY.