Nebraska police data collection (Lancaster County Sheriff)

July 23, 2021

Samuel Sinyangwe

MuckRock News

DEPT MR 116215

411A Highland Ave

Somerville, MA 02144-2516

requests@muckrock.com<mailto:requests@muckrock.com>

Dear Mr. Sinyangwe:

On July 19, 2021, the Lancaster County Sheriff’s Office (“Office”) received your email with the following request for public records:

1. the total number of use of force incidents reported by law enforcement, separated by year and by type of force used from 2013-2020 (for example, "27 taser incidents in 2019, 3 baton incidents in 2020, etc.)
2. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained from 2013-2020, separated by year (for example, 8 complaints in 2016, 2 complaints sustained in 2016, 4 complaints in 2017, 1 complaint sustained in 2017, etc.)
3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2013-2020, separated by year.
4. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2013-2020, separated by year.
5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2013-2020, separated by year.
6. all information reported to the FBI’s National Use-of-Force Data Collection program to date.
7. a list of all officer involved shootings that were directed at a person from 2013-20 (excluding shootings of animals and accidental discharges that are not directed at a person).
8. the total amount of money paid out in lawsuits and settlements relating to allegations of police misconduct per year from 2013-20. This includes copies of all reports, lists, databases, or individual documents that detail lawsuits brought against the city's police department and the outcome of lawsuits brought against the city's police department including any financial settlement occurring from 2013-20. It should also include any documents that your department submits to local, state, or federal agencies listing the number and/or status of lawsuits brought against the police department. This request includes any documents compiled quarterly, annually, or in other increments as well as any documents or databases that contain responsive information.

We are able partially to fulfill your request without charge or delay. Pursuant to Neb. Rev. Stat. § 84-712(3)(b)(iii), our department may charge for the actual costs of providing electronic data. Although our department typically charges $0.25 per page for such requests, for this portion of your request 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 department may charge for labor costs that exceed the first four cumulative hours of fulfilling your request. Our department has estimated that our staff time for this portion of the request will not exceed four cumulative hours, and therefore there is no charge for labor for fulfilling this part of your request. The following is information provided through a presentation and is partially responsive to your request:

2015
2016
2017
2018
2019
2020

Workplace Injuries
5
7
11
9
6
13
117%
160.00%
8
Citizen/IA Complaints
8
2
10
10
4
5
25%
-37.50%
7
Use of Force Reports*
6
28
24
27
17
24
41%
300.00%
20
Commendations

95

*In 2016 empty muscling techniques were included

We are partially denying your request for civilian complaints and incident and/or investigative reports as they are records developed by law enforcement agencies and we may withhold “Records developed or received by law enforcement agencies and other public bodies charged with duties of investigation or examination of persons, institutions, or businesses, when the records constitute a part of the examination, investigation, intelligence information, citizen complaints or inquiries, informant identification, or strategic or tactical information used in law enforcement training, except that this subdivision shall not apply to records so developed or received” pursuant to Neb. Rev. Stat. § 84-712.05(5), Evertson v. The City of Kimball, 278 Neb. 1, 767 N.W.2d 751 (2009), and State ex rel. Nebraska Health Care Association v. Dept. of Health and Human Services Finance and Support, 255 Neb. 784, 587 N.W.2d 100 (1998).

We must also partially deny your request for the following reasons. Our Office has searched the records over which it has supervision or control, and for which it has legal responsibility for the care, keeping or guardianship, and it has been determined our Office does not contain records matching the remainder of your requests. Because our Office does not have custody of such records, it cannot produce such records in response to your request. The public records statutes require a public agency 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).

To the extent this letter constitutes a denial of your public records request, you may be entitled to administrative or judicial review of your request pursuant to Neb. Rev. Stat. § 84-712.03.

Sincerely,

Captain John Vik
Professional Standards Division
Lancaster County Sheriff’s Office