Department of Corrections lawsuits/settlements (Department of Correction)
| Submitted | Jan. 1, 2016 |
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Communications
From: Beryl Lipton
To Whom It May Concern:
Pursuant to the Idaho Public Records Act, I hereby request the following records:
Copies of all reports, lists, or databases detailing the lawsuits, grievances, or other mediated conflicts in which this agency was listed as a party. This should include all such lawsuits and otherwise in which this agency was listed either as a plaintiff or a defendant in all instances through the end of 2015. This should also include all such lawsuits, settlements, and otherwise in which was named a party any representative of this agency, any individual acting in some capacity on behalf of this agency, or any company, corporation, or contractor providing services on behalf of this agency. Please include all available segregable data, including but not limited to the parties involved, the nature of the complaint, the date on which proceedings began, the date on which the resolution was reached, the nature of the resolution, the amount used to settle the conflict, any records related to associated legal fees incurred as part of the conflict, etc. This should include requests for funds used to cover settlement agreements, court costs, or other expenses related to lawsuits.
Further clarification can be provided upon request.
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 3 business days, as the statute requires.
Sincerely,
Beryl Lipton
From: publicrecord publicrecord
This is an automated response to verify your "Public Records Request" has been received. To be considered a valid request your e-mail must include:
Requestor's full name
Requestor's mailing address
Requestor's telephone number
No requests will be processed without this information.
The records custodian will review each request and determine if the documents requested are available and not exempt from disclosure. Record requests shall be submitted for existing records, not research projects.
Fees are as follows:
· $9.25 if the record must be retrieved from state storage
· Postage (if not prepaid)
· Cost of labor of person gathering the documents if more than 2 hours is required, OR -
· The request is for more than one hundred (100) pages of paper records; or the request includes records from which exempt information must be redacted regardless of time.
· Copies in excess of 100 pages cost $ .10 per page.
· When available, electronic copies will be provided.
Pre-payment may be required.
The Board of Correction has created a policy
http://www.idoc.idaho.gov/policy/int108.pdf to standardize public records request procedures.
From: Mark Kubinski
The following public records request dated January 1, 2016, was referred to my office for review and response.
"Copies of all reports, lists, or databases detailing the lawsuits, grievances, or other mediated conflicts in which this agency was listed as a party. This should include all such lawsuits and otherwise in which this agency was listed either as a plaintiff or a defendant in all instances through the end of 2015. This should also include all such lawsuits, settlements, and otherwise in which was named a party any representative of this agency, any individual acting in some capacity on behalf of this agency, or any company, corporation, or contractor providing services on behalf of this agency. Please include all available segregable data, including but not limited to the parties involved, the nature of the complaint, the date on which proceedings began, the date on which the resolution was reached, the nature of the resolution, the amount used to settle the conflict, any records related to associated legal fees incurred as part of the conflict, etc. This should include requests for funds used to cover settlement agreements, court costs, or other expenses related to lawsuits."
The Idaho Department of Correction ("IDOC") does not maintain any reports, lists, or databases as stated in your request. The Office of the Attorney General, assigned to represent IDOC, maintains an internal case list, however, that document is confidential attorney work product, and therefore is not subject to disclosure. Accordingly, because no other responsive documents exist, your request is denied. If you believe your request has been misconstrued or would wish to provide further clarification, please provide additional information.
You have the right to appeal the denial of your request by filing a petition in conformance with the provisions of the Idaho Public Records Law, Title 74, Chapter 1, Idaho Code. Your petition must be filed in the Fourth Judicial District Court of the State of Idaho within One Hundred Eighty (180) calendar days of the of the date of mailing of this notice.
Sincerely,
Mark Kubinski
Lead Deputy Attorney General
IDOC
Files
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