Use of Force policy and training materials (Delaware State Police)

Jonathan Rudenberg filed this request with the Delaware State Police of Delaware.
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From: Jonathan Rudenberg

To Whom It May Concern:

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

All policies and training materials currently in use regarding use of force.

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 fees cannot be waived, 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,

Jonathan Rudenberg

From: Chandler, Kimberly (DSHS)

Mr. Rudenberg,
Your request has been received and sent for legal review. I will provide a response within 15 business days. Thanks, Kimberly

Kimberly H. Chandler
Delaware Dept. of Safety and Homeland Security
302.744.2667 (office)
302-632.7060 (cell)

From: MuckRock.com

To Whom It May Concern:

I wanted to follow up on the following Freedom of Information request, copied below, and originally submitted on May 15, 2015. Please let me know when I can expect to receive a response, or if further clarification is needed.

Thank you for your help.

From: Delaware State Police

The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.

From: Jonathan Rudenberg

Before I pursuing further action to obtain these documents, I would like to give you the opportunity to reconsider. I respectfully point out that hundreds of police departments and law enforcement agencies across the country have released their Use of Force policies and training materials. This includes not only such police departments as BPD and NYPD, but also federal agencies. I've put a couple of examples below.

Boston Police Department: https://static1.squarespace.com/static/5086f19ce4b0ad16ff15598d/t/52af5f30e4b0dbce9d22a80d/1387224880253/Rule+303.pdf

New York Police Department: https://muckrock.s3.amazonaws.com/foia_files/203-12_Deadly_Physical_Force.pdf

Bureau of Customs and Border Protection: http://www.cbp.gov/newsroom/national-media-release/2014-05-30-000000/cbp-releases-use-force-policy-handbook-and-police

Cambridge Police: https://www.muckrock.com/news/archives/2015/jun/10/cambridge-police-refuse-to-release-use-deadly-forc/

In light of the above, I hope that you will reconsider my request. I do not believe the exemption you cite covers general use of force policies, as it only applies to specific assessments, plans, and briefings. I also consider your wholesale rejection of this reasonable request to violate the very spirit of transparency that underlies the Delaware Freedom of Information Act.

I look forward to your reply.

Sincerely,

Jonathan Rudenberg

From: Chandler, Kimberly (DSHS)

Mr. Rudenberg,
As you have narrowed the focus of your request to exclude any reference to specific tactical information, please find the enclosed general use of force policy. Thanks, Kimberly

Kimberly H. Chandler
Delaware Dept. of Safety and Homeland Security
302.744.2667 (office)
302-632.7060 (cell)

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