MMIW Cases

Ms. Lucchesi,

Your Kansas Open Records Act (KORA) request was forwarded to me for response. I am in need of clarification. The Kansas Department of Corrections (KDOC) would house only information regarding offenders sentenced to the custody of the KDOC Secretary. Are you seeking this requested information about inmates who died?

Thank you.

Cheryl

Cheryl Cadue, Publications Editor/Public Information Officer
Office of the Secretary, Public Affairs Division
Kansas Department of Corrections
714 S.W. Jackson St., Suite 300, Topeka, KS 66603
Office: (785) 296-1928
www.doc.ks.gov | Twitter<https://twitter.com/KSCorrections> | Facebook<http://www.facebook.com/pages/Kansas-Department-of-Corrections/359558630762166>

October 29, 2018
Annita Lucchesi
MuckRock News
DEPT MR 62929
411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com

Dear Ms. Lucchesi,

I am writing in response to your Kansas Open Records Act (KORA) request to the Kansas Department of Corrections (KDOC) for information related to the deaths of Native female inmates while in the custody of the KDOC from 1900 through the present.

In accordance with K.S.A. 45-218 (d), we have begun the process of determining if we possess any public records meeting the terms of your request and how best to proceed. Soon we will provide you with one or more of the following:

1. Copies of the requested public records.
2. A statement concerning our inability to locate any public records meeting the terms of your request.
3. A request for additional clarification concerning the types of records or information you are seeking.
4. Record requests that can be provided with less than one hour of staff time will not be billed for labor. If we determine that our office possesses the public records you request, but are voluminous, difficult to locate, and/or contain information that may include open and closed information, we will provide you with a written estimate of the fees that we will require be pre-paid in order to pay for the actual costs associated with (a) locating and/or retrieving the public records from storage, (b) staff time spent in assisting with making copies of the records, including staff time spent examining the records for possible closure and/or redaction, and (c) copying and mailing the requested public records. In addition to billing for labor that exceed one hour of staff time, the following rates shall apply:

* Copies, 25 cents per page after 100 pages

* Staff time will be charged at the rate of pay for each person whose time is used in order to assist and/or respond to a specific request. This may include the time spent to access records maintained on computer facilities, review records to determine whether closure exceptions apply and /or to redact open from closed information. For the purpose of transparency, our rates are as follows: general staff time will be charged at $20 per hour, and information technology (IT) services and Legal staff services will be charged at $38 per hour.
* Additional fees may be assessed if any other costs are incurred by KDOC in connection with complying with a record request. KDOC will provide an estimate of the fees which shall be paid prior to the department gathering the records. In order to ensure payment, the final cost of providing access to or furnishing copies must be paid before the records are provided. If the final cost is less than the estimate, the requestor will be reimbursed for the difference.

1. If we determine that we do possess the records, but that the records are subject to closure by law, we will provide you with that information with a written citation to the laws allowing or requiring that type of public record to be closed.
We will respond as soon as possible to your Kansas Open Records Act request. Thank you.
Sincerely,

Cheryl Cadue
Publications Editor
Kansas Department of Corrections
785-296-1928
Cheryl.Cadue@ks.gov
KDOC_Pub@ks.gov

November 7, 2018
Annita Lucchesi
MuckRock News
DEPT MR 62929
411A Highland Ave
Somerville, MA 02144-2516
requests@muckrock.com

Dear Ms. Lucchesi,

I am writing in response to your Kansas Open Records Act (KORA) request to the Kansas Department of Corrections (KDOC) for information related to the deaths of Native female inmates while in the custody of the KDOC from 1900 through the present.

The KDOC does not house records prior to the 1970s. I would suggest contacting the Kansas Historical Society for information about the inmate records that you are seeking for earlier time periods. You may reach the historical society by e-mail at information@kshs.org<mailto:information@kshs.org> or by phone at (785) 272-8681.
After a search of available records housed by the KDOC, we have located two female inmates:

Date of Death

Age

Location

Category of Death

9/11/1988

48

Topeka Correctional Facility

Natural Causes

1/12/2014

49

Topeka Correctional Facility

Natural Causes

Under the provisions of K.S.A. 45-221 (a) (29) which exempts from disclosure correctional records pertaining to an identifiable inmate or releasee, the KDOC is unable to provide names of the inmates.

I believe this fulfills your request. Thank you.

Sincerely,
Cheryl Cadue
Publications Editor
Kansas Department of Corrections
785-296-1928
Cheryl.Cadue@ks.gov

---

On Oct. 27, 2018:

To Whom It May Concern:

Pursuant to the The Kansas Open Records Act, I hereby request the following records:

Data on all cases of deaths in custody involving an Alaska Native/American Indian woman or girl victim within your jurisdiction(s). For the purposes of this request, "Alaska Native/American Indian" is defined as any individual who was identified as a member of an Alaska Native or American Indian community or as having Alaska Native/American Indian heritage. "Woman or girl" includes all victims identified as females, as well as transgender women. We are requesting cases dating from 1900 to the present.

This request is for basic information on cases as classified above. Such information may include but is not limited to victim name, location and date of disappearance/death, age of victim, status of case (solved or unsolved).

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,

Annita Lucchesi

Filed via MuckRock.com
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For mailed responses, please address (see note):
MuckRock News
DEPT MR 62929
411A Highland Ave
Somerville, MA 02144-2516

PLEASE NOTE: This request is not filed by a MuckRock staff member, but is being sent through MuckRock by the above in order to better track, share, and manage public records requests. Also note that improperly addressed (i.e., with the requester's name rather than "MuckRock News" and the department number) requests might be returned as undeliverable.
[http://email.requests.muckrock.com/o/eJwNzEsOgyAQANDTlCVh-CizYNGK52imzqQaNUQsTXr7-g7wOIXQqSVZAxGMRUDrbK9BZxMfztuYxzHfjQ83b6ocTc7Pqfc2rbVMq57KruYEjp0Qk3tZdEjsCQCCEHQYkJmV7LRsz4VTj3idqqZhlvrb9EDc5JrXU7_L9w-Tkij5]