Sustained findings since 2017

Ananya Tiwari filed this request with the Fayetteville Police Department of Fayetteville, NC.
Tracking #

22-2084

Est. Completion None
Status
No Responsive Documents

Communications

From: Ananya Tiwari

To Whom It May Concern:

Pursuant to the North Carolina Public Records Law, I hereby request the following records:

Under the North Carolina Public Records Law, G.S. §132-1.,I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs of the Fayetteville police department, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

Government records in North Carolina are public in nature unless identified as confidential pursuant to law. The North Carolina Public Records Law, found at N.C.G.S. Chapter 132, which provides that “the public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law.”
The Law states that public records "shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions."

Should you have any questions, please do not hesitate to contact me at 415-769-8210 or ananyatiwarijournalism@gmail.com.

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 10 business days.

Sincerely,

Ananya Tiwari

From: Fayetteville Police Department

Fayetteville, NC

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Your first Fayetteville, NC record request (request number #22-2084) has been submitted.
It is currently unpublished and is not available for the general public to view.

The due date for your request may be later than usual because the office is closed on:


* November 24: Thanksgiving

Request #22-2084.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fayetteville Police Department

Fayetteville, NC

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A message was sent to you regarding record request #22-2084:

We have received your public records request and will provide city records in accordance with the statutes that govern public records for the state of North Carolina. This email serves as confirmation that we have received your request.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fayetteville Police Department

Fayetteville, NC

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A message was sent to you regarding record request #22-2084:

You can access these records on our website: https://www.fayettevillenc.gov/city-services/police/crime-data-police-reports/annual-reports

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fayetteville Police Department

Fayetteville, NC

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Record request #22-2084 has been published and is now available for public view.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Fayetteville Police Department

Fayetteville, NC

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Record request #22-2084 has been closed. The closure reason supplied was:

We have provided all publicly available records responsive to your request. The Public Records Act exempts from disclosure files when disclosure would constitute an unwarranted invasion of personal privacy, such as personnel, medical, or similar files. In the records we disclosed, we have redacted private information, such as social security numbers, addresses, and telephone numbers. The Public Records Act also exempts investigative case files from disclosure, including officer narratives, notes, BWC/In-car camera video, and crime scene photographs. 

This completes the request.

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Ananya Tiwari

Thank you for the response.

I wished to follow up on this request.
As per the Public Records Act, I am requesting the following records corresponding to the years 2017-2022:
- All records from CITIZEN COMPLAINTS WHERE THE RESULTED DISCIPLINE WAS NOT: (a) sustained/unfounded/exonerated & sustained for abuse of position, (b) treatment of person in custody, (c) excessive force, (d) bias policing, (e) arrest/search/seizure, and (f) harassment.
- An INDEX of these cases requested

Should you have any questions, please do not hesitate to contact me at 415-881-3302 (please leave voicemail if not available) or ananyatiwarijournalism@gmail.com.

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 10 business days.

Sincerely,

Ananya Tiwari

From: Fayetteville Police Department

Fayetteville, NC

************************************************************************

A message was sent to you regarding record request #22-2084:

We do not have documents responsive to your request.

************************************************************************
<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

From: Ananya Tiwari

Hello,

Thank you for the response.

The annual lists sustained and non-sustained findings. I wish to access information of the investigations, (complete or otherwise) of these cases from 2017 onwards.

The North Carolina Public Records Law, found at N.C.G.S. Chapter 132, which provides that “the public records and public information compiled by the agencies of North Carolina government or its subdivisions are the property of the people. Therefore, it is the policy of this State that the people may obtain copies of their public records and public information free or at minimal cost unless otherwise specifically provided by law.”

The Law states that public records "shall mean all documents, papers, letters, maps, books, photographs, films, sound recordings, magnetic or other tapes, electronic data-processing records, artifacts, or other documentary material, regardless of physical form or characteristics, made or received pursuant to law or ordinance in connection with the transaction of public business by any agency of North Carolina government or its subdivisions."

Contact me at 415-881-3302, or ananyatiwarijournalism@gmail.com.

Thank you.

From: Fayetteville Police Department

Fayetteville, NC

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A message was sent to you regarding record request #22-2084:

This request was closed January 27, 2023 due to not having documents responsive to your request. You can access our annual reports on our website: https://www.fayettevillenc.gov/city-services/police/crime-data-police-reports/annual-reports

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<em>Questions about your request?</em> Reply to this email or sign in to contact staff at Fayetteville, NC.<br></br><em>Technical support:</em> See our <a href='https://help.nextrequest.com/knowledge/requester-resources'>help page</a>

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