Fairfax County Use of Force Reports

Tom Nash filed this request on behalf of Brianna Knibbs with the Fairfax County Police Department of Fairfax County, VA.
Status
Rejected

Communications

From: Brianna Knibbs

To Whom It May Concern:

Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:

copies of incident reports/use of force reports from the dates from Jan 1, 2018 to December 31, 2022

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 5 business days, as the statute requires.

Sincerely,

Tom Nash, a citizen of Virginia, in coordination with Brianna Knibbs.

From: Fairfax County Police Department

February 22, 2023

Tom Nash
MuckRock News
DEPT MR 141080
263 Huntington Ave
Boston, MA 02115
requests@muckrock.com<mailto:requests@muckrock.com>

Re: Use of Force

Our Re: 23-FOIA-374

Dear Mr. Nash:

This letter is in response to your Virginia Freedom of Information Act (VFOIA) request, which was received by Fairfax County on February 22, 2023. You have requested the following information:

“copies of incident reports/use of force reports from the dates from Jan 1, 2018 to December 31, 2022”

The records responsive to your request are records of an administrative investigation relating to allegations of wrongdoing by an employee of a law-enforcement agency and are exempt from disclosure pursuant to Section 2.2-3706 (B)(9)(ii) of the Code of Virginia. Therefore, the requested records are withheld in their entirety. In accordance with Section 2.2-3704(B)(1) of the Code of Virginia, the records withheld total 2646 files with an average file size of 0.17GB.

If we can be of further assistance, please do not hesitate to contact me at (703) 246-2381 or FCPDFOIA@fairfaxcounty.gov<mailto:FCPDFOIA@fairfaxcounty.gov>.

Sincerely,
Elizabeth K. Wilkins

Elizabeth K. Wilkins, Acting Compliance Manager
FOIA Compliance Division

Fairfax County Police Department
Public Affairs Bureau
12099 Government Center Parkway 8th Floor
Fairfax, VA 22035
(703) 246-4561 Phone
FCPDFOIA@fairfaxcounty.gov<mailto:FCPDFOIA@fairfaxcounty.gov>

From: Brianna Knibbs

Good afternoon,
I wanted to follow up in terms of the use of force incident reports. I wanted to clarify I'm not requesting the investigative files. rather I requested the police incident reports for these incidents, which are not exempt from public disclosure.

Best,
Brianna

From: Brianna Knibbs

Hello,
I would like to follow up in terms of what the estimated costs of the use of force reports would be?

From: Fairfax County Police Department

Hello Mr. Nash,

I am in receipt of your letters dated March 8, 2023 and March 9, 2023.

In your March 8th letter, you asked what the estimated costs of the use of force reports would be. Please be advised that there will be no estimate since we are not releasing any reports that are a part of an administrative investigation.

Additionally, you stated in your March 9th letter that the police incident reports are not records of an administrative investigation. Please be advised that the use of force incident reports are included in the administrative investigation case files; therefore, they are exempt from disclosure pursuant to Section 2.2-3706 (B)(9)(ii) of the Code of Virginia.

Thank you,

Jessica Cox

Fairfax County Police Department
FOIA Compliance Division
12099 Government Center Pkwy, 8th floor
Fairfax, VA 22035
(703) 246-4561
FCPDFOIA@fairfaxcounty.gov<mailto:FCPDFOIA@fairfaxcounty.gov>

Files

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