Sheriff Data Collection Request (2016-2020)

Dear Samuel:

Thank you for your interest in public records of Ingham County. Your request has been received and is being processed. Your request was received in this office on 7/11/2023 and given the reference number W049959-071123 for tracking purposes.

Records Requested: To Whom It May Concern:

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

1. the total number of use of force incidents, separated by year, from 2016-2020 (for example, 302 use of force incidents in 2016, 287 use of force incidents in 2017, etc.)

2. the total number of use of force incidents, separated by type of force and year used from 2016-2020 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

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,

Samuel Sinyangwe

Upload documents directly: https://www.muckrock.com/

Your request will be forwarded to the relevant County department(s) to locate the information you seek and to determine the costs, if any, associated with satisfying your request. You will be contacted when we determine if the records you requested are available and if there is a cost for you to obtain the records you requested.
PLEASE NOTE: The Michigan Freedom of Information Act does not require a governmental body to create new information or answer questions.

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed.

Again, thank you for using the FOIA Records Center.

Ingham County

--- Please respond above this line ---

07/19/2023
Samuel Sinyangwe
MuckRock News, DEPT MR149087 263 Huntington Ave
Boston MA 02115
requests@muckrock.com
RE: FOIA REQUEST of July 11, 2023, Reference # W049959-071123
Dear Samuel:
This letter is in response to your Freedom of Information Act (FOIA) request referenced above.  Your request mentioned: "Prosecuting Attorney - To Whom It May Concern:

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

1. the total number of use of force incidents, separated by year, from 2016-2020 (for example, 302 use of force incidents in 2016, 287 use of force incidents in 2017, etc.)

2. the total number of use of force incidents, separated by type of force and year used from 2016-2020 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.). Please include as part of this a breakdown of how many use of force incidents in each year were related to law enforcement operations and how many were related to correctional/custodial operations.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

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,

Samuel Sinyangwe

Upload documents directly: https://www.muckrock.com/
Please refer to the information below for an explanation. Reason for Denial: Record Does Not Exist: It is hereby certified, pursuant to Section 5(5)(b) The Ingham County Prosecutor's Office does not have such records.
Notice of Requestor's Right to Seek Judicial Review
You are entitled under Section 10 of the Michigan Freedom of Information Act, MCL 15.240, to appeal this denial to the County Board of Commissioners or to commence an action in the Circuit Court to compel disclosure of the requested records if you believe they were wrongfully withheld from disclosure. If, after judicial review, the Court determines that the County has not complied with MCL 15.235 in making this denial and orders disclosure of all or a portion of a public record, you have the right to receive attorneys' fees and damages as provided in MCL 15.240. (See attached additional information on your rights.)
YOUR FURTHER LEGAL RIGHTS
To the extent that this response, in your opinion, constitutes a denial of your Freedom of Information Act (FOIA) rights, your statutory remedies are as follows:
For FOIA denials, you may submit to the head of the public body a written appeal that specifically states the word "appeal" and identifies the reason or reasons for reversal of the denial. Within 10 business days after the head of the public body receives a written appeal he or she will do one of the following:
* Reverse the denial.
* Issue a written notice to you upholding the denial.
* Reverse the denial in part and issue a written notice to you upholding the denial in part.
* Under unusual circumstances, issue a notice extending for not more than 10 business days the time to respond.
You may begin a civil action in circuit court to compel the public body's disclosure of the public records within 180 days after a public body's final determination to deny a request.
You have the right to receive attorneys' fees and damages as provided in MCL 15.240 if, after judicial review, the court determines that the public body has not complied with MCL 15.235 and orders disclosure of all or a portion of a public record.
For fee appeals, if the public body requires a fee that, in your opinion, exceeds the amount permitted under its procedures and guidelines or MCL 15.234, you may submit to the head of the public body a written fee appeal for a fee reduction that specifically states the word "appeal" and identifies how the required fee exceeds the amount permitted. Within 10 business days after the head of the public body receives a written fee appeal, he or she will do one of the following:
* Waive the fee.
* Reduce the fee and issue a written determination to the requesting person indicating the basis for the remaining fee.
* Uphold the fee and issue a written determination to the requesting person indicating the basis for upholding the fee.
* If necessary, issue a notice extending for not more than 10 business days the time to respond.
Within 45 days after the head of the public body issues a written determination on the fee appeal or if the head of the public body failed to respond to the fee appeal, you may begin a civil action in circuit court.
The County's FOIA Procedures and Guidelines, and its Public Summary, can be found at www.ingham.org.
Sincerely,
Nicole Matusko

Ingham County Prosecutor's Office

Good Afternoon Mr. Sinyangwe,

I reviewed the below email thread and I can see that you sent your request to the Ingham County Prosecutor’s on 7/10/2023 and on 7/19/2023 Nicole Matusko from the Prosecutor’s Office denied your request stating no records exist. This closed out your request. I hope this helps.

Thank you

Hattie Welling
FOIA Coordinator
Ingham County Sheriff Office
(517)676-8220