Writs of Tort Fort Wayne

Elliot Thornton filed this request with the City of Fort Wayne (Law Dept.) of Fort Wayne, IN.
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Communications

From: Elliot Thornton


To Whom It May Concern:

Pursuant to the Indiana Access to Public Records Act, I hereby request the following records:

All writs of tort received by The City of Fort Wayne and/or departments of the City of Fort Wayne from January 1, 2015 to July 9, 2020.

This should be construed to include all writs of Tort received and forwarded by the Fort Wayne Police Department and all writs of tort received by the Fort Wayne legal department forwarded from other departments of the City of Fort Wayne or sent directly to the Fort Wayne Legal Department.

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 7 business days, as the statute requires.

Sincerely,

Elliot Thornton

From: City of Fort Wayne (Law Dept.)

The City of Fort Wayne Law Department has received your Request for Access to Public Records contained in the e-mail below dated July 10, 2020.
Can you clarify exactly what tort claims you would like to receive. The City of Fort Wayne receives between 100 and 200+ Tort Claims in a year. Your cost at $.10/page could exceed $100.00 for these copies of all tort claims. Also many Tort Claims may be more than one (1) page in length. Pursuant to the public records statute, I.C. 5-14-3, the City is not required to provide you with documents within 7 days; we are simply required to respond to your request and let you know that we are working on gathering that information that is not excluded by law. As your request is extensive the public records statute does not articulate a specific time to produce documentation, the Indiana Public Access Counselor has opined that records must be produced in a reasonable amount of time based on the facts and circumstances.

From: Elliot Thornton

I am prepared to pay in excess of $100 for all writs of tort for the time period described in the request. If the request exceeds $500 in page count, I would appreciate your letting me know.

Are you saying that writs of tort are not scanned upon receipt? I am fairly certain that would violate state municipal record retention law. I will get back to you upon further research.

Thanks,
Elliot Thornton

From: City of Fort Wayne (Law Dept.)

Because your request is extensive it will require considerable time to gather the information you have requested. While the public records statute does not articulate a specific time to produce documentation, the Indiana Public Access Counselor has opined that records must be produced in a reasonable amount of time based on the facts and circumstances. We will notify you when they are available. Years 2018 through 2020 will be provided on a thumb drive. The cost of the thumb drive will be $30.00. I will let you know the number of copies once I have copied the Tort Claims for 2015-2017.

From: City of Fort Wayne (Law Dept.)

Mr. Thornton:
Pursuant to your request, I have compiled the torts received regarding the Fort Wayne Police Department.
Total copies number 705 @ $.10 per copy totaling $70.50.
PDF files to be transferred to a thumb drive will total 2 thumb drives @ $30.00/per thumb drive for a total cost of $60.00
Both paper copes and the two (2) thumb drives comes to a grand total of $130.50 for all copes.
Please let me know if you wish me to proceed in making these copies and transferring the copying of the pdf files to a thumb drive.
I have attached an invoice for your reference.
I will not begin the copying until I hear back from you.

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