Police Data Collection (Las Vegas, 2019-2020)

Samuel Sinyangwe filed this request with the Las Vegas Metropolitan Police Department of Las Vegas, NV.
Status
Completed

Communications

From: Samuel Sinyangwe

To Whom It May Concern:

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

1. the total number of use of force incidents, separated by year and by type of force used from 2019-2020 (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, separated by year from 2017, 2019, and 2020 (for example, 8 complaints in 2019, 2 complaints sustained in 2019, 4 complaints in 2020, 1 complaint sustained in 2020, etc.)

3. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017, 2019-2020, 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 2017, 2019-2020, separated by year.

5. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017, 2019-2020, separated by year.

6. all information reported to the FBI’s National Use-of-Force Data Collection program to date.

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 5 business days, as the statute requires.

Sincerely,

Samuel Sinyangwe

From: Las Vegas Metropolitan Police Department

Hello Samuel Sinyangwe,

Public Record Request Title

Public Record Request - Samuel Sinyangwe ?

Public Record Request #

NPR2021-0012093?

Name of Requestor

Samuel Sinyangwe?

Status

Submitted?

Request Submitted Date

4/30/2021 5:00 PM?

Your Public Record Service Request has been successfully submitted. You will be notified by email if more information or payment is required and when your request is completed. The Las Vegas Metropolitan Police Department - Public Records Unit hours of operation are 8 a.m. to 5 p.m., Monday through Friday, excluding holidays, Nevada Day, the day after Thanksgiving and December 24th. Any public record requests made outside of normal business hours will be deemed received the next business day. At any time, you may monitor the status of your request by logging into your Public Records portal account.

***Please note that holidays that fall on a Saturday or Sunday will be observed the preceding Friday or the following Monday. There are 12 holidays that LVMPD observes throughout the year. Based on this information, adjust your request accordingly.

https://lvmpd-portal.dynamics365portals.us/<https://lvmpd.microsoftcrmportals.com>

Thank you,

Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-7489
Monday-Friday 8am to 5pm

From: Las Vegas Metropolitan Police Department

Dear Samuel Sinyangwe:

This correspondence is in response to your Nevada Public Records Act request NPR2021-0012093, received on 04/30/2021.

You are requesting:

1.
the total number of use of force incidents, separated by year and by type of force used from 2019-2020 (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, separated by year from 2017, 2019, and 2020 (for example, 8 complaints in 2019, 2 complaints sustained in 2019, 4 complaints in 2020, 1 complaint sustained in 2020, etc.)
3.
the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017, 2019-2020, 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 2017, 2019-2020, separated by year.
5.
the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017, 2019-2020, separated by year.
6.
all information reported to the FBI's National Use-of-Force Data Collection program to date."

Please be advised that we are collaborating with the appropriate unit(s) to determine what, if any, document(s) are responsive.

You can expect an update on our progress regarding this request, on 05/21/2021.

Thank you in advance for your patience regarding this matter and we look forward to working with you to get the public records requested.

Respectfully,

Public Records Unit
Las Vegas Metropolitan Police Department
400-A South Martin L. King Boulevard, Las Vegas, Nevada 89106
( 702.828.7489 office

From: Las Vegas Metropolitan Police Department

Dear Samuel Sinyangwe:

This correspondence is in response to your Nevada Public Records Act request NPR2021-0012093, received on 04/30/2021, and the update we advised you would receive on 05/21/2021.

You are requesting:

1.
the total number of use of force incidents, separated by year and by type of force used from 2019-2020 (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, separated by year from 2017, 2019, and 2020 (for example, 8 complaints in 2019, 2 complaints sustained in 2019, 4 complaints in 2020, 1 complaint sustained in 2020, etc.)
3.
the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017, 2019-2020, 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 2017, 2019-2020, separated by year.
5.
the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017, 2019-2020, separated by year.
6.
all information reported to the FBI's National Use-of-Force Data Collection program to date."

Regarding items 2-5, the Las Vegas Metropolitan Police Department (LVMPD) does not maintain any particular record containing the information you are seeking. Moreover, LVMPD databases cannot "readily compile the requested information." See Public Employees Retirement System of Nevada v. Nevada Policy Research Inst., Inc., --- Nev. ---, 429 P.3d 280, 288 (2018), quoting Las Vegas Metro. Police Dep't v. Blackjack Bonding, Inc., 131 Nev. 80, 87, 343 P.3d 608, 613 (2015).

In other words, your request requires LVMPD to do more than simply "[s]earch[] an electronic database to produce existing records and data...." Public Employees Retirement System at 287, quoting ACLU of Arizona v. Arizona Dep't of Child Safety, 377 P.3d 339, 346 (Ariz. Ct. App. 2016). Rather, your request requires LVMPD to "compile information about the information [the database] contains." Id. (emphasis added).

As such, your request requires the creation of a new record, which LVMPD has no duty to do under the Nevada Public Records Act. Public Employees Retirement System at 286.

Nevertheless, please know that LVMPD is presently working on a report for 2019 that should address much of what you are seeking. (No report can be prepared for 2020 because investigations take time to resolve). We suggest you resubmit your request in early-mid June.

Regarding items 1 & 6, please be advised that we are still collaborating with the appropriate unit(s) to determine what, if any document(s) are responsive.

You can expect an update on our progress regarding this request, on 06/04/2021.

Again, thank you in advance for your patience regarding this matter. We apologize for any inconvenience this may cause and we look forward to working with you to get the public records requested.

Respectfully,

Public Records Unit
Las Vegas Metropolitan Police Department
400-A South Martin L. King Boulevard, Las Vegas, Nevada 89106
( 702.828.7489 office

From: Las Vegas Metropolitan Police Department

Dear Samuel Sinyangwe:

This correspondence is in response to your Nevada Public Records Act request NPR2021-0012093, received on 04/30/2021, and the update we advised you would receive on 06/04/2021.

You are requesting:

1.
the total number of use of force incidents, separated by year and by type of force used from 2019-2020 (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, separated by year from 2017, 2019, and 2020 (for example, 8 complaints in 2019, 2 complaints sustained in 2019, 4 complaints in 2020, 1 complaint sustained in 2020, etc.)
3.
the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017, 2019-2020, 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 2017, 2019-2020, separated by year.
5.
the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017, 2019-2020, separated by year.
6.
all information reported to the FBI's National Use-of-Force Data Collection program to date."

As previously stated in our last correspondence, regarding items 2-5, the Las Vegas Metropolitan Police Department (LVMPD) does not maintain any particular record containing the information you are seeking. Moreover, LVMPD databases cannot "readily compile the requested information." See Public Employees Retirement System of Nevada v. Nevada Policy Research Inst., Inc., --- Nev. ---, 429 P.3d 280, 288 (2018), quoting Las Vegas Metro. Police Dep't v. Blackjack Bonding, Inc., 131 Nev. 80, 87, 343 P.3d 608, 613 (2015).

In other words, your request requires LVMPD to do more than simply "[s]earch[] an electronic database to produce existing records and data...." Public Employees Retirement System at 287, quoting ACLU of Arizona v. Arizona Dep't of Child Safety, 377 P.3d 339, 346 (Ariz. Ct. App. 2016). Rather, your request requires LVMPD to "compile information about the information [the database] contains." Id. (emphasis added).
As such, your request requires the creation of a new record, which LVMPD has no duty to do under the Nevada Public Records Act. Public Employees Retirement System at 286.

Nevertheless, please know that LVMPD has just published a report that should address much of what you are seeking. LVMPD's first Annual Internal Affairs Bureau Accountability Report can be accessed by visiting www.LVMPD.com<http://www.LVMPD.com>, clicking on "Internal Affairs", then "Statistical Data & Reports." This report is a two-year examination of all LVMPD complaints, alleged criminal misconduct, findings, and discipline from 2018 and 2019 and will be uploaded to the portal upon the completion of your request. Again, no report can be prepared for 2020 because investigations take time to resolve.

Regarding items 1 & 6, please be advised that we are still collaborating with the appropriate unit(s) to determine what, if any document(s) are responsive.
You can expect an update on our progress regarding this request, on 06/18/2021.

We apologize for any inconvenience this extended timeline may cause. Again, we appreciate your patience regarding this matter, and we look forward to working with you to get the public records requested.

Respectfully,

Public Records Unit
Las Vegas Metropolitan Police Department
400-A South Martin L. King Boulevard, Las Vegas, Nevada 89106
( 702.828.7489 office

From: Las Vegas Metropolitan Police Department

Hello Samuel Sinyangwe,

Public Record Request Title

Public Record Request - Samuel Sinyangwe ?

Public Record Request #

NPR2021-0012093?

Name of Requestor

Samuel Sinyangwe?

Status

Complete?

Request Submitted Date

4/30/2021 5:00 PM?

Your Public Record Service Request has been completed. Please login to our Public Records portal at the link below to collect the records you've requested. Records will be available for 14 days. If you have requested Body Camera Video, you may be contacted with additional instructions for downloading.

https://lvmpd-portal.dynamics365portals.us/<https://lvmpd.microsoftcrmportals.com>

Thank you,

Las Vegas Metropolitan Police Department
400 S. Martin L. King Boulevard
Las Vegas, Nevada 89106
702-828-7489
Monday-Friday 8am to 5pm

From: Las Vegas Metropolitan Police Department

Dear Samuel Sinyangwe:

This correspondence is in response to your Nevada Public Records Act request NPR2021-0012093, received on 04/30/2021, and the update we advised you would receive on 06/18/2021.

You are requesting:

1.
the total number of use of force incidents, separated by year and by type of force used from 2019-2020 (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, separated by year from 2017, 2019, and 2020 (for example, 8 complaints in 2019, 2 complaints sustained in 2019, 4 complaints in 2020, 1 complaint sustained in 2020, etc.)
3.
the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2017, 2019-2020, 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 2017, 2019-2020, separated by year.
5.
the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2017, 2019-2020, separated by year.
6.
all information reported to the FBI's National Use-of-Force Data Collection program to date."

Uploaded to the portal are all responsive documents and privileges asserted pertaining to you request.

Please be advised, regarding item 1, total number of deadly uses of force and details regarding these incidents can be found within the "Use of Force and Vehicle Pursuit Statistical Report 2016-2020" PDF, specifically on pg. 21. Additionally, further details and reports/review from the Force Investigation Team (FIT) and Office of Internal Oversight (OIO) regarding each incident involving both fatal and non-fatal use of deadly force can be found by visiting LVMPD's website at LVMPD.com --> Transparency --> Internal Oversight & Constitutional Policing --> Use of Deadly Force (Fatal) or Use of Deadly Force (Non-Fatal).

Regarding item 6, the records you seek are not readily available and would be unduly burdensome to gather, compile, redact, and produce. For further clarification regarding this assertion, please refer to the "BDSM-Burdensome" PDF uploaded to the portal. If you would like, you may resubmit your request regarding item 6, however the production of records may incur a fee for reasons stated above. You may also reformulate your request. If you can narrow your focus to records that are readily available, LVMPD can proceed with researching your request. It is also suggested to contact the FBI directly for any information that might be available at (202) 324-3000.

Thank you again for your patience regarding this matter. We look forward to working with you regarding any public records requested in the future.

Respectfully,

Public Records Unit
Las Vegas Metropolitan Police Department
400-A South Martin L. King Boulevard, Las Vegas, Nevada 89106
( 702.828.7489 office

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