Use of force requests - unresponsive departments (Fairfax County Police Department)
| Multi Request | Use of force requests - unresponsive departments |
| Submitted | March 6, 2023 |
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Communications
From: Wesley Lowery
To Whom It May Concern:
Pursuant to the Virginia Freedom of Information Act, I hereby request the following records:
All police incident reports /investigative reports connected to any use of force incident by officers in your department between January 1, 2020 and 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 Wesley Lowery.
From: Fairfax County Police Department
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-491
Dear Mr. Nash:
This letter is in response to your Virginia Freedom of Information Act (VFOIA) request, which was received by Fairfax County on March 7, 2023. You have requested the following information:
“All police incident reports /investigative reports connected to any use of force incident by officers in your department between January 1, 2020 and 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 1,542 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
EKW/sq
From: Wesley Lowery
Hello Elizabeth,
The police incident reports themselves are not the records of an administrative investigation, they are police incident reports that are routinely released
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>
From: Wesley Lowery
In that case, please provide copies of the police incident reports for those incidents (as opposed to the use of force reports)
From: Fairfax County Police Department
Hello Mr. Nash,
We received your letter dated March 14, 2023. You asked us to provide copies of the police incident reports as opposed to the use of force reports. Please be advised that police incident reports are a part of the administrative investigation file; therefore, they are exempt from disclosure pursuant to Section 2.2-3706 (B)(9)(ii) of the Code of Virginia.
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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