Tennessee Public Records Act Request: Sustained findings since 2017

Kent Hoover filed this request on behalf of Dilcia Mercedes with the Memphis Police Department of Memphis, TN.
Tracking #

W024427-011823

Due Jan. 26, 2023
Est. Completion Feb. 8, 2023
Status
Awaiting Response

Communications

From: Dilcia Mercedes

To Whom It May Concern:

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

Under the Tennessee Open Records Act, §10-7-503 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs of the Memphis Police Department, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

As per law, police misconduct records are public records and do not qualify for any exemption and are not listed as confidential records.

This information is not being sought for commercial purposes.

The Tennessee Open Records Act requires a response time within seven days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Should you have any questions, please do not hesitate to contact me at dilcia19@stanford.edu.

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 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Dilcia Mercedes.

From: Memphis Police Department

Mr. Hoover:

We have received your request for a public record. It is our goal to respond to these requests as soon as possible or within 5 business days. However, please note that certain requests may take longer to process due to the size of the records requested or current request volumes. Your request has been given the following reference number W024427-011823 for tracking purposes.

Record Requested: To Whom It May Concern:

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

Under the Tennessee Open Records Act, §10-7-503 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs of the Memphis Police Department, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

As per law, police misconduct records are public records and do not qualify for any exemption and are not listed as confidential records.

This information is not being sought for commercial purposes.

The Tennessee Open Records Act requires a response time within seven days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Should you have any questions, please do not hesitate to contact me at dilcia19@stanford.edu.

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 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Dilcia Mercedes.

Upload documents directly: https://www.muckrock.com/

You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Feel free to check the status of your request at any time. Again, thank you for using the City of Memphis Public Records e-Office. FEE SCHEDULE
Black and white copies of records are billed at $0.15 per page and color copies are billed at $0.25 per page where the request is 10 or more pages. Labor charges may apply for copies involving large requests. More information about billing will be provided as the request is processed.
City of Memphis
Public Records e-Office

From: Memphis Police Department

--- THIS EMAIL IS SENT FROM AN UNMONITORED ACCOUNT. DO NOT REPLY ---


01/25/2023
Mr. Kent Hoover
MuckRock News 263 Huntington Ave DEPT MR 138900
Boston MA 02115
RE: PUBLIC RECORDS REQUEST of 1/18/2023, Reference # W024427-011823
Dear Mr. Kent Hoover,
The City received a public records request from you on 1/18/2023. Your request mentioned “To Whom It May Concern:

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

Under the Tennessee Open Records Act, §10-7-503 et seq., I am requesting copies of records related to cases of sustained findings of police misconduct at the Internal Affairs of the Memphis Police Department, between 2017 and 2022. This includes, but is not limited to, documents, reports, multimedia, body-worn camera footage, arrest filings, and so on. It also includes all documents, notes, correspondence and memoranda evidencing sustained findings reports and investigations, and all communication and correspondence in whatever tangible medium between the officials, the victims and the overseeing agency.

I am requesting digital copies of all responsive documents.

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.

Here, misconduct includes, but is not limited to:

Excessive (unreasonable) force – beatings, manhandling of people in handcuffs, improper use of Tasers, injuries inflicted by police dogs, improper use of deadly force, and other police brutality or disregard for the safety of suspects. It also includes, but is not limited to: physical and verbal abuse, restraints happening unreasonably, coerced or forced confessions, and sexual abuse and assault.

False arrests – pulling over, detention, questioning and searches conducted without any probable cause whatsoever, including cases of planted evidence, racial profiling and trumped-up charges of resisting arrest.

As per law, police misconduct records are public records and do not qualify for any exemption and are not listed as confidential records.

This information is not being sought for commercial purposes.

The Tennessee Open Records Act requires a response time within seven days. If access to the records I am requesting will take longer than this amount of time, please contact me with information about when I might expect copies or the ability to inspect the requested records.

If you deny any or all of this request, please cite each specific exemption you feel justifies the refusal to release the information and notify me of the appeal procedures available to me under the law.

Should you have any questions, please do not hesitate to contact me at dilcia19@stanford.edu.

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 7 business days, as the statute requires.

Sincerely,

Kent Hoover, a citizen of Tennessee, in coordination with Dilcia Mercedes.

Upload documents directly: https://www.muckrock.com/
In response to your records request, our office is taking the following action(s). It is not practicable for the records you requested to be made promptly available for inspection and/or copying because: The office is still in the process of retrieving, reviewing, and/or redacting the requested records.
The time reasonably necessary to produce the record(s) or information and/or to make a determination of a proper response to your request is: FEBRUARY 08, 2023.
Sincerely,
Public Records Office
City of Memphis

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