State Police Protest Policies (Delaware State Police)

Caitlin Russell filed this request with the Delaware State Police of Delaware.
Est. Completion None
Status
Fix Required

Communications

From: Caitlin Russell

To Whom It May Concern:

Pursuant to Delaware's Freedom of Information Act, I hereby request the following records:

-All current policies regarding how officers are expected to handle protests

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.

Sincerely,

Caitlin Russell

From: Hudson, Wendy L (DSHS)

Good Day-

This email is to acknowledge that the Delaware Department of Safety and Homeland Security (DSHS), received your Freedom of Information Act (FOIA) request on March 2, 2017, seeking: All current policies regarding how officers are expected to handle protests. See full FOIA below.

Please note that FOIA allows access to "public records," unless the public record requested falls within one of the enumerated statutory exemptions. See 29 Del. C. §10002 (definition of "public record" and specific exemptions); 29 Del. C. § 10003 (setting forth FOIA request procedures).

Your request has been sent for legal review and we will provide an update within 15 business days.

Thank you.

From: Hudson, Wendy L (DSHS)

Your request is still under legal review and we will provide an update as soon as possible.

From: Hudson, Wendy L (DSHS)

Your request is still under review and we will provide the documents or an update as soon as possible.

From: Delaware State Police

The request has been rejected by the agency.

From: Caitlin Russell

Hello,
Can you please provide me with an estimated date of completion for this request? Thanks!
Best,
Caitlin Russell

From: Hudson, Wendy L (DSHS)

A response was sent on May 25, 2017. See below:

Caitlin Russell
MuckRock
DEPT MR 34310
411A Highland Avenue
Somerville, MA 02144-2516

RE: Freedom of Information Act Request

Dear Ms. Russell:

By letter dated March 2, 2017, you made a request under the Delaware Freedom of Information Act (FOIA) for: “all current policies for how officers respond to protests..”

The Division of the Delaware State Police (DSP) has determined that your request is exempt as you are out of state you are not entitled to receive documents under FOIA, the Supreme Court of the United States has upheld state statutes that limit FOIA requests to state citizens only, such as Delaware. McBurney v. Young, 569 U.S. ____ (Apr. 29, 2013)(Docket 12-17).). (See Att’y Gen. Op. 16-IB20).

Sincerely,

Colonel Nathaniel McQueen, Jr.
Superintendent

May 31, 2017
Delaware State Police
Delaware State Police
1441 N. DuPont Highway
P.O. Box 430
Dover, Delaware 19903-0430

This is a follow up to a previous request:

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on March 2, 2017. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thanks for your help, and let me know if further clarification is needed.
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