Law enforcement informal and formal settlement data and reports (Cincinnati Police Department)

Beryl Lipton filed this request with the Cincinnati Police Department of Cincinnati, OH.

It is a clone of this request.

Multi Request Law enforcement informal and formal settlement data and reports
Status
Completed

Communications

From: Beryl Lipton


To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records:

Materials related to and sufficient to show all instances of alleged or actual inappropriate or illegal behavior or actions resulting in compensation or expenditures involving this agency.

Responsive materials include records of all settlements (formal and informal) and payments to which this agency was or is a party for the period from January 1, 2010 through the date this request is processed. Responsive materials include those for matters and legal claims resolved prior to the initiation of any litigation.

In particular, materials responsive to this request include all reports, lists, databases, spreadsheets, and other documentation detailing incidents of legal claims or other allegations requiring compensation for claimants, attorneys, or any other party.

If spreadsheets or similar documents are available in response to this request, please provide all segregable data, including but not limited to:

The nature of the claim or legal matter
The claimant and other parties involved
The relevant case and tracking numbers for court and internal systems
The date the lawsuit was served or litigation commenced
The final disposition or current status of the case, including whether a case is still pending
The amount spent to date as a result of the legal engagement
The amount paid to any parties related to the legal claim, including any city payout and any non-monetary compensation

If clarification of this request is required, please respond to the provided email address or leave a message at 617-299-1832.

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 10 business days.

Sincerely,

Beryl Lipton

From: Cincinnati Police Department

This is to acknowledge receipt of your public records requests dated June 27, 2020 and April 15, 2021. The city will review your request and contact you if we have any questions or need to clarify your request.

Angie

Angela Bredestege
Paralegal - Law Department
801 Plum Street
Cincinnati, OH 45202

From: Cincinnati Police Department

Good Afternoon,

This email is in response to your request for "materials related to and sufficient to show all instances of alleged or actual inappropriate or illegal behavior or actions resulting in compensation or expenditures involving [Cincinnati Police Department]" including:

all settlements (formal and informal) and payments to which this agency was or is a party for the period from January 1, 2010 through the date this request is processed.
matters and legal claims resolved prior to the initiation of any litigation.
all reports, lists, databases, spreadsheets, and other documentation detailing incidents of legal claims or other allegations requiring compensation for claimants, attorneys, or any other party.
Spreadsheets to include :
nature of the claim or legal matter
claimant and other parties involved
relevant case and tracking numbers for court and internal systems
date the lawsuit was served or litigation commenced
final disposition or current status of the case, including whether a case is still pending
amount spent to date as a result of the legal engagement
amount paid to any parties related to the legal claim, including any city payout and any non-monetary compensation

Your request for "all settlements (formal and informal) and payments to which this agency was or is a party for the period from January 1, 2010 through the date this request is processed" is overly broad because it would require the City to search the records for a ten year period looking for specific terms related to your request. It therefore requests the complete duplication of voluminous records, which the City is not required to provide, State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391, 894 N.E.2d 686 (2008), and requires the City to do research to attempt to identify those records that contain the information you have requested, which the City is not required to do, State ex rel. Morgan v. New Lexington, 112 Ohio St. 3d 33 (2006). Further, the City does not maintain some of the information you seek in a record format or database in which it can be accessed and provided in response to your request. For five years prior to 2019, records pertaining to claims involving the Cincinnati Police Department ("CPD") were stored together in chronological order with all City department records pertaining to requests for payment. These records are in paper format and therefore your request would require us to manually go through every document to try and locate those related to CPD. I was able to locate a spreadsheet containing some of the information you requested. I have attached the spreadsheet as well as documents that the City could immediately locate which relate to the settlement of claims or litigation involving CPD from January 1, 2010 through June 27, 2020.

I'm happy to work with you to narrow your request so that you get whatever documents that you need. Once you do so, the City will search for additional responsive records.

Please contact me if you have any questions. In the absence of any response within the next two weeks, I will consider this matter closed.

Best regards,

Linda E. Smith
Assistant City Solicitor
Law Department -- General Counsel Section
513/352-4508 (o) | 513/352-1515 (f) | 513/382-4599 (c)
linda.smith@cincinnati-oh.gov<mailto:linda.smith@cincinnati-oh.gov>
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NOTICE: This electronic mail transmission is for the use of the named individual or entity to which it is directed and may contain information that is privileged or confidential. It is not to be transmitted to or received by anyone other than the named addressee (or a person authorized to deliver it to the named addressee). It is not to be copied or forwarded to any unauthorized persons. If you have received this electronic mail transmission in error, delete it from your system without copying or forwarding it, and notify the sender of the error by replying via email or by calling the City of Cincinnati Law Department at (513) 352-3334, so that our address record can be corrected.

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