Lancaster sheriff data collection (2016-2022)

Samuel Sinyangwe filed this request with the Lancaster County Sheriff of Lancaster County, NE.
Status
Completed

Communications

From: Samuel Sinyangwe

To Whom It May Concern:

Pursuant to the Nebraska Public Records Act, I hereby request the following records:

The total number of use of force incidents, separated by year, from 2016-2022 (for example, information that specifies the total number of use of force incidents in 2021, total number of use of force incidents in 2022, 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.

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 4 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Lancaster County Sheriff

June 20, 2023

Samuel Sinyangwe
requests@muckrock.com<mailto:requests@muckrock.com>
MuckRock News
DEPT MR 147924
263 Huntington Ave
Boston, MA 02115

RE: Public Records Request for Use of Force

Dear Mr. Sinyangwe,

On June 19, 2023, the Lancaster County Sheriff’s Office (“our Office”) received your email containing the following request for public records:

“The total number of use of force incidents, separated by year, from 2016-2022 (for example, information that specifies the total number of use of force incidents in 2021, total number of use of force incidents in 2022, 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.”

We are able to fulfill your request without charge or delay with the documents in our possession. The public records statutes require our Office to disclose public records of which we are the custodian, except as provided by law; the public records statutes do not require our Office to answer questions about, or to inform requesters of, another custodian of the requested records. See Neb. Rev. Stat. § 84-712; Huff v. Brown, 305 Neb. 648, 667, 941 N.W.2d 515, 528 (2020). See also Op. Att'y Gen. No. 94092 (November 22, 1994); Op. Att'y Gen. No. 94035 (May 11, 1994); Op. Att'y Gen. No. 87104 (October 27, 1987). To the extent your email asks for the creation of records that do not exist, Neb. Rev. Stat. § 84-712 does not require a public agency to review documents and create abstracts or other lists, to answer questions, or to create documents which do not otherwise exist. Op. Att'y Gen. No. 94092 (November 22, 1994); Op. Att'y Gen. No. 94035 (May 11, 1994); Op. Att'y Gen. No. 87104 (October 27, 1987).

Pursuant to Neb. Rev. Stat. § 84-712(3)(b)(iii), our Office may charge for the actual costs of providing electronic data, but we have estimated that there will be no actual cost for providing this electronic data. Pursuant to Neb. Rev. Stat. § 84-712(3)(c), our Office may charge for labor costs that exceed the first four cumulative hours of fulfilling your request. Our Office has estimated that our staff time for this request will not exceed four cumulative hours, and therefore, there is no charge for labor fulfilling your request. Please find attached records responsive to your request

2016
2017
2018
2019
2020
2021
2022
Use of Force Reports
28
24
27
17
24
35

15

To the extent your request is denied, any administrative or judicial right of review regarding this response is provided to you under Neb. Rev. Stat. § 84-712.03.

We now consider your records request fulfilled and completed

Sincerely,

Captain John A. Vik
Lancaster County Sheriff’s Office

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