Sheriff Data Collection Request (2021)
| Submitted | Sept. 11, 2022 |
| Est. Completion | None |
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Communications
From: Samuel Sinyangwe
To Whom It May Concern:
Pursuant to the North Carolina Public Records Law, I hereby request the following records:
1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, 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.
2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.
3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.
4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.
5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.
6. the total number of officer involved shootings in 2021, both fatal and non-fatal.
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.
Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.
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,
Samuel Sinyangwe
From: Iredell County Sheriff
Mr. Samuel Sinyangwe,
I am writing in response to your email of September 11, 2022, seeking records from the Iredell County Sheriff’s Office. The Iredell County Sheriff’s Office does not maintain the bulk of these records in an aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist. Additionally, most of the records sought are not public records under North Carolina law and are not subject to disclosure absent an order from a court of competent jurisdiction.
I will address your requests in the order presented:
1. the total number of use of force incidents, separated by type of force and year used in 2021 (for example, information that specifies the number of taser incidents in 2021, baton incidents in 2021, 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.
· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist.
2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained in 2021.
· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist.
3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained in 2021.
· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist. To the extent this requests information regarding a specific use of force, the requested record constitutes a record of a criminal investigation and/or personnel file information. As such, it is not a public record pursuant N.C. Gen. Stat. § 132-1.4 and/or N.C. Gen. Stat. § 160A-168.
4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained in 2021.
· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist.
5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained in 2021.
· This request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist.
6. the total number of officer involved shootings in 2021, both fatal and non-fatal.
· To the extent this requests information regarding a specific use of force, the requested record constitutes a record of a criminal investigation and/or personnel file information. As such, it is not a public record pursuant to N.C. Gen. Stat. § 132-1.4 and/or N.C. Gen. Stat. § 160A-168. Additionally, this request seeks records not maintained in aggregate form. Pursuant to N.C. Gen. Stat. § 132-6.2(e), the Iredell County Sheriff’s Office is not required to create or compile a record that does not exist.
Sincerely,
Adam Dillard, Attorney
[Email Signature]<http://www.iredellsheriff.com/>
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