|Multi Request||3900 West Roosevelt - Police Shooting|
|Submitted||Dec. 6, 2018|
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To Whom It May Concern:
Pursuant to the Illinois Freedom of Information Act., I hereby request the following records:
According to the Chicago Tribune there was a police shooting in Chicago today (source: https://www.chicagotribune.com/news/local/breaking/ct-met-police-shooting-lawndale-20181206-story.html?utm_source=dlvr.it&utm_medium=twitter)
A statement of facts:
- The government that investigates police shootings is COPA and not your agency.
- There are FOIA training manuals, released by your department (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_FOIA_Guide_for_Law_Enforcement.pdf) that state:
Section 7(1)(d)(i) Exemption (Pending Law Enforcement Proceedings) Under section 7(1)(d)(i) of FOIA (5 ILCS 140/7(1)(d)(i) (West 2016)), a law enforcement agency may withhold records to the extent disclosure would "interfere with pending or actually and reasonably contemplated law enforcement proceedings conducted by any law enforcement or correctional agency that is _the recipient of
the request_ [EMPHASIS ADDED] [.]" A public body has the burden to prove by clear and convincing evidence that the disclosure of the records would in fact interfere with a pending or actually and reasonably contemplated law enforcement proceeding. Conclusory statements that the disclosure of records would obstruct a law enforcement proceeding are insufficient to support the assertion of the pending law enforcement proceeding exemption. See Day v. City of Chicago, 388 Ill. App. 3d 70, 74-77 (1st Dist. 2009). The PAC has consistently determined that the mere fact that an investigation is underway is not, by itself, enough for a public body to meet this burden.
See, e.g., Ill. Att'y Gen. PAC Req. Rev. Ltr. 33927, issued May 6, 2015, at 3; Ill. Att'y Gen. PAC Req. Rev. Ltr. 30828, issued March 18, 2015, at 3. Factors that are considered in determining the applicability of section 7(1)(d)(i) include the nature of the offense, the stage of the investigation or prosecution, and the sensitivity of the investigatory records. Ill. Att'y Gen. PAC Req. Rev. Ltr. 34970, issued
August 24, 2015, at 2 (public body properly withheld laboratory results and analysis related to serious crime that continued to be investigated). This exemption applies only to ** law enforcement proceedings conducted by the agency that received the request** [EMPHASIS ADDED] . See, e.g.,Ill. Att'y Gen. PAC Req. Rev. Ltr. 36612, issued November 10, 2015, at 4.
- An additional training manual (source: https://cdn.muckrock.com/foia_files/2018/11/16/P454308_CPD_Training_PowerPoint.pdf) , again released by the Chicago Police Department, further confirms that only a law enforcement agency that is the *recipient* of the a FOIA request that conducts law enforcement proceedings may apply a section 7(1)(d)(i) exemption.
Therefore: I request under the Illinois FOIA law any and all records related to the police shooting including dashboard cameras, video recordings, text messages or other forms of communications that your agency may hold.
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.
To Whom It May Concern:
I wanted to follow up on the following Illinois Freedom of Information Act. request, copied below, and originally submitted on Dec. 6, 2018. 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.
Mr. Martinez, please check your email. Although this was not due until today, December 13th, we responded on December 7th. It is logged under 182320
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