Use of Force Policy (Mississippi Capitol Police)
| Multi Request | Use of Force Policy |
| Submitted | Feb. 13, 2023 |
| Est. Completion | None |
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Communications
From: Blake Feldman
To Whom It May Concern:
Pursuant to the Mississippi Public Records Act, I hereby request the following records:
All policies, practices, procedures, rules, or orders concerning the use of force.
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,
Blake Feldman
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Mississippi Public Records Act request, copied below, and originally submitted on Feb. 14, 2023. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Mississippi Capitol Police
Mr. Feldman,
We are running behind on this request. It was due today by close of business. We currently expect to have your response on or before close of business, Tuesday, February 28, 2023 at the latest. I am shooting for tomorrow by close of business.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
From: Mississippi Capitol Police
Mr. Feldman,
Please see the attached, redacted Capitol PD Use of Force policy.
Redactions to policies are done pursuant to Miss. Code Ann. §25-61-3(f) (Miss. Code Ann. §25-61-12(2): “Investigative reports”.
Mississippi Code Annotated section 25-61-12 states that investigative reports in the possession of a law enforcement agency shall be exempt from production under the Mississippi Public Records Act. The “law enforcement agency, in its discretion, may choose to make public all or any part of any investigative report. Further, Section 25-61-12(c) states that only “[a]n incident report shall be a public record.” Miss. Code Ann. section 25-61-3(e) defines “incident report” as “a narrative description, if such narrative description exists and if such narrative description does not contain investigative information, of an alleged offense, and at a minimum shall include the name and identification of each person charged with and arrested for the alleged offense, the time, date and location of the alleged offense, and the property involved, to the extent the information is known.” Section 25-61-3(f) contains a non-exhaustive list of information which constitutes part of a law enforcement agency’s “investigative report(s).” This includes “records that are compiled in the process of detecting and investigating any unlawful activity or alleged unlawful activity, the disclosure of which would harm the investigation. . .; records that would reveal the identity of informants and/or witnesses; and records that would prematurely release information that would impede the public body's enforcement, investigative or detection efforts.” Also, personal information of victims are exempt from production under the Mississippi Public Records Act, under Miss. Code Ann. section 25-61-12(3).
All fees associated with this request have been waived.
If you wish to appeal this response to your request, please email MS Dept. of Public Safety Attorney Jordan McMichael, JMcMichael@dps.ms.gov<mailto:JMcMichael@dps.ms.gov>.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
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