Use of force (response to resistance) guidance, policies, and data (Lima Police Department)

Beryl Lipton filed this request with the Lima Police Department of Lima, OH.
Multi Request Use of force (response to resistance) guidance, policies, and data
Status
Completed

Communications

From: Beryl Lipton

To Whom It May Concern:

Pursuant to the Ohio Open Records Law, I hereby request the following records related to this agency's policies on and reporting of uses of force and responses to resistance:

• Policies.
Any and all policies guiding appropriate and inappropriate uses of force by any member or representative of this agency. These may also include “Response to Resistance” policies and similar guidance.

Please also provide all policies regarding the use of lethal, less-lethal, and non-lethal weapons (for example: TASERs pepper ball guns, rubber bullets, gases, sprays, water, etc.), including all policies regarding borrowing, accessing, or assuming responsibility for such weapons, tools, and ammunition.

Please also provide all policies or guidance related to reporting or tracking discharges from or uses of such weapons, as well as any other applicable policies or directives related to the acquisition, use, and reporting of weapons or tools.

Please also provide all policies and guidance used to evaluate any use of force or adjudicate administrative and internal investigations into any use of force or weapon discharge.

• Instructions for reporting. Any and all instructions and guidance related to the reporting of uses of force by any member or representative of this agency.

• Forms, coding descriptions, and other guidance.
All forms, codes, guides, and guidance used in the reporting and review of uses of force or weapons, including:
Any list of codes or definitions for terms or tags used in the reporting, collection, or review of uses of force.
A blank version of each form, log, and other documentation used to report or track uses of force by this agency.
A blank version of each form, log, and other documentation used to report or track the borrowing or use of lethal, less-lethal, and non-lethal weapons
A blank version of each form, log, and other documentation used to report or track any discharge of force from firearms, tools, or weapons employed by this agency
A copy of any guidance, requirements, laws, and policies issued by the state, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons
A copy of any guidance, requirements, laws, and policies issued by the federal government, including those issued as part of grant or other funding requirements, regarding this agency’s responsibilities for reportings uses of force or weapons

• Use of Force Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on the each use of force by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Incident details: incident or other unique identification number for the use of force incident
Type of force details: a description of each type of force used
Body camera or other footage: Inventory of any video record was created of the incident and/or a copy of the captured footage from all present cameras
Disposition of investigation into the incident: The current or final status of each use of force incident, including whether challenges to the use of force were sustained or dismissed or if the incident had no or is currently under investigation
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

• Discharge Report Data
For the period from January 1, 2019 through December 31, 2019 and the period from January 1, 2020 through July 31, 2020, data on each discharge of a firearm and other weapons by representatives of this agency, including but not limited to:
Date, time: The date (month, day, year) and time of the incident
Location: Street address, block, and other relevant location information
Incident description and details
Tool or weapon used, including any unique identifier or identification number
Number of discharges
Subject(s) information: race, ethnicity, national origin, age, gender, resultant or related injuries sustained or alleged, weapon type (if applicable) in the possession of each involved individual, arrests or charges associated with the incident
Officer information (for each involved officer): employee number or other unique identifier used for the officer, race, resultant or related physical injuries, patrol division, unit
Type of force details: a description of each type of force used
Disposition or status of any investigation or follow-up review of the incident
Please provide the information as a csv spreadsheet, if possible, and if not possible, please provide incident reports sufficient to show the requested data.

If any portion of materials responsive to this request should be deemed unavailable or non-disclosable, please specifically identify the portions of the records or the specific information that is unavailable and the reason for the unavailability.

If any portion of this request is unclear or if this request could be modified to reduce the burden of producing responsive documents or provide them more efficiently or expeditiously, please reply with a request for clarification or a proposed modification.

This request is being made by a reporter as part of a journalistic investigation. It is being submitted as part of a project to better understand uses of police force nationwide, which has been of public interest for many years and which is of particular interest to large new swaths of the public following the widely-seen death of George Floyd and the First Amendment-protected demonstrations and public discussion that have followed. There is no commercial interest in the submission of this request or the release of these records.

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 10 business days.

Sincerely,

Beryl Lipton

From: Lima Police Department

I have forwarded your request to the city Law Director to advise on the availability of some points. We will get back to you asap.

Christine Ward
LPD Records

From: Lima Police Department

Received. We are working on this and will get back to you asap

Christine Ward
LPD Records

From: Lima Police Department

We are in the process of accumulating the available information. We will get back to you as soon as we are able.

Christine Ward
LPD Records

From: Lima Police Department

Good morning,

We are still in the process of compiling the information needed to fulfill your request. We will be in touch soon.

Thank you,
Bethany Marks
LPD Records

From: Lima Police Department

I am just awaiting word from the law director on a couple of points. I have forwarded both this request and your last one to him. I will get back with you as soon as I have a response

Christine Ward
LPD Records

From: Lima Police Department

I am just waiting on the law director to review what I have compiled. I have forwarded this email to him as a reminder and he working on it. Thank you for your patience!

Christine Ward
LPD Records

From: Lima Police Department

In reference to your request show below, I have attached our departments section of General Directives which relates to the policies or guidance related to reporting or tracking discharges of weapons and use of force by officers. I have also included a copy of the Response To Resistance form that our agency uses. Any and all cases which involve use of force requires this form to be completed and attached to the case. All cases including this form are reviewed by shift supervisors. Each case is, however, evaluated and or adjudicated by administration on a case by case basis. Resistance forms are not separately filed but are filed with each separate case.

This is the complete written directive relating to use of force, including reporting and review by supervisors. We have no record of any guidance, requirements, laws and policies issued by either the state or federal government regarding this agency’s responsibilities for reporting uses of force or weapons, including those issued as part of grant or other funding requirements.

We believe your request is otherwise overbroad. Ohio courts have found a request overly broad when it seeks what amounts to a complete duplication of a major category of a public office’s records. Examples of overly broad requests include requests for a duplication of all records having to do with a particular topic, or all records of a particular type; and every report filed with the public office for a particular time period if the office does not organize records in that manner, which is the case here. Without waiving this issue of overbreadth, the department has been able to identify what we believe are responsive records which can reasonably be retrieved. These will be forwarded to you in batches as they are prepared.
________________________________________

Tony
________________________
Anthony L. Geiger
Law Director
City of Lima, Ohio
202 E. High, FL 2
Lima, OH 45801
Tel: 419.221.5169
Email: tony.geiger@cityhall.lima.oh.us

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

https://ohtrafficdata.dps.ohio.gov/crashretrieval
Christine Ward
LPD Records

From: Lima Police Department

https://ohtrafficdata.dps.ohio.gov/crashretrieval

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

In accordance with ORC 149.43 (2a), uncharged suspect information has been redacted from these reports

Christine Ward
LPD Records

From: Lima Police Department

Christine Ward
LPD Records

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