Prison Uprising
| Submitted | Feb. 16, 2017 |
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Communications
From: Jonathan Rudenberg
To Whom It May Concern:
Pursuant to Delaware's Freedom of Information Act, I hereby request the following records:
-The after incident report for the prison riot that occurred Feb. 1, 2017 at the James T. Vaughn Correctional Center
-Any documents regarding the prison's hostage policy
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 15 business days, as the statute requires.
Please note that I am a citizen of Delaware, and am using MuckRock's services to help manage and track my request.
Sincerely,
Jonathan Rudenberg
From: Bennett, Kerri L (DOC)
Mr. Rudenberg:
Please accept this message as acknowledgment that the Delaware Department of Correction has received your written FOIA request.
Please allow the Department 15 business days to review your request, investigate what documents may be available, determine whether these documents are public records as set forth in the FOIA statute, and calculate any potential costs involved in responding to your request.
Thank you for your interest in the Delaware Department of Correction.
Sincerely,
Kerri
Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
*: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>
CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.
From: Bennett, Kerri L (DOC)
Dear Mr. Rudenberg,
The Department of Correction received your FOIA request on February 16, 2017 for the after incident report for the prison riot that occurred February 1, 2017 at the James T. Vaughn Correctional Center and any documents regarding the prison's hostage policy.
Please be advised that additional time is needed for legal review, as provided by 29 Del. C. section 10003(h)(1), due to the recent extraordinary events at the Vaughn Correctional Center on February 1, 2017. The Department of Correction will need an additional 60 days to consider your request.
Sincerely,
Kerri
Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
*: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>
CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.
From: Bennett, Kerri L (DOC)
Mr. Rudenberg:
Please accept this response to the FOIA request you sent to the Department of Correction on February 16, 2017 requesting the after incident report for the prison riot that occurred Feb. 1, 2017 at the James T. Vaughn Correctional Center and any documents regarding the prison's hostage policy.
The Department of Correction denies your FOIA request for the following reasons. The records you have requested are specifically exempted from public disclosure by statute. (11 Del.C. section 4322(a)). First, 29 Del. C. § 10002(l)(3) excludes from the definition of public records "investigatory files compiled for civil or criminal law-enforcement purposes including pending investigative files." Both criminal and civil investigations are pending at the present time. Second, 29 Del. C. § 10002(l)(6) excludes any records specifically exempted from public disclosure by statute or common law. Third, 29 Del. C. § 10002(l)(9) excludes from the definition of public records "any records pertaining to pending or potential litigation which are not records of the court." Multiple parties have either filed, or threatened to file, litigation related to the events of February 1 and 2, 2017 at the JTVCC.
This fully resolves your FOIA request and the matter is now closed.
Thank you for contacting the Delaware Department of Correction.
Sincerely,
Kerri
Kerri L. Bennett, Paralegal III
Delaware Department of Correction | Office of the Commissioner
245 McKee Road, Dover, DE 19904 | Office: (302) 857-5325 | Facsimile: (302) 739-8219
*: kerri.bennett@state.de.us<mailto:kerri.bennett@state.de.us>
CONFIDENTIALITY STATEMENT FOR OUTGOING E-MAIL:
This message contains information which may be confidential, proprietary, privileged, or otherwise protected by law from disclosure or use by a third party. It is intended solely for the use of the individual or entity who is the intended recipient. Unauthorized use of this information is prohibited. If you have received this in error, please contact the sender by replying to this message and delete this material from any system it may be on.
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