Use of force (response to resistance) guidance, policies, and data (Cincinnati Police Department)

Beryl Lipton filed this request with the Cincinnati Police Department of Cincinnati, OH.
Multi Request Use of force (response to resistance) guidance, policies, and data
Est. Completion None
Status
Fix Required

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:

• 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 non-lethal 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 well 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: a 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.

In the event that there are fees appropriately assessed in association with this request, 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

Please provide the unique request ID assigned to your request at the time of submission. I am unable to locate a request based on the information provided in this email. Thank you.

Stephanie L. Brewer, ADMS
Cincinnati Police Records Section
513-352-6906 (Ofc) 513-352-6908 (Fax)
Online Police Records Request Form link
http://cincinnati-oh.gov/noncms/police/records/

“Your strength will be in keeping calm and showing trust.” Isa. 30:15

From: Cincinnati Police Department

Good afternoon,

The Police Department is compiling records responsive to your request, however the portions of your records request below for Use of Force Data and Discharge Report Data are overbroad. The Police Department does not keep the data in a format as you indicated, and in the alternative you request 18 months of an entire category of records, without a narrowed topic or subject. As such, this request constitutes a request for a complete duplication of the City's records, and therefore, it is overly broad. State ex rel. Glasgow v. Jones, 119 Ohio St. 3d 391 (2008); State ex rel. Daugherty v. Mohr, 2011-Ohio-6453 (10th Dist. 2011).

Records containing some of the information you requested may be searched by a date range but also are searchable by the name of the officers involved, the names of citizens, and the status. Please narrow your request for information to records using these parameters to avoid requesting an entire category of record for an extended period of time.

Alternatively, in an effort to still provide you records and help you narrow down your request so as not to be overbroad, would a 1-month period of records be acceptable? That would still provide an overview of the data sought and the Police Department could review those records and provide them without effectively duplicating an entire class of records for over a year.

We will continue to review your request for any records responsive to the other portions and have included a portion of that request within the attachments in this email, but we will wait for your response on the overbroad portion before we proceed. Thank you.

Respectfully,

Cincinnati Police Department Records Section
P: 513-352-3559
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From: Cincinnati Police Department

Good Morning,

Thank you for your request for public records. We strive for excellent customer service while fulfilling requests in accordance with Ohio Revised Code Section 149.43. On May 5th, we emailed you explaining that we were unable to honor your request because it overly broad. To date, we have not received a reply that would narrow the scope of your request. If you are so inclined, then please revise your request with a more narrow scope and resubmit. If we do not receive a reply by 4pm on June 4th, then we will consider this request close.

Thank You
Supervising Management Analyst
Cincinnati Police Records Section
513-352-6454

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