|Submitted||Nov. 24, 2015|
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To Whom It May Concern:
Pursuant to the Minnesota Data Practices Act, I hereby request the following documents:
Videos obtained by police of the officer-involved shooting of Jamar Clark on or about November 15, 2015.
In the event that fees cannot be waived, 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 would request your response within ten (10) business days.
Thank you for emailing the Minneapolis Police Records Information Unit.
Email requests for incident/arrest report information are answered when staff is available to view them and respond, during weekday business hours.
Although we make every effort to respond in a timely fashion, depending on the complexity of your question, it may take several days for your specific response. Thank you for your patience.
If your situation requires a Police, Fire, or Emergency Medical response, please call 911 immediately.
This is an active investigation and no video will be released at this time.
I am writing today to appeal your denial of my request, and to ask you to articulate how the release of this video would interfere with the investigation.
Please see NLRB v. Robbins Tire & Rubber Co., 437 U.S. 214, 224 (1978) holding that government must show how records "would interfere with a pending enforcement proceeding."
Furthermore, the merit of this appeal is clear in light of a Cook County judge's recent ruling that video of Laquan McDonald's death in a police shooting in Chicago [http://www.theguardian.com/us-news/2015/nov/19/chicago-laquan-mcdonald-police-shooting-video] was not exempt from FOIA requests.