Mississippi police shootings
| Submitted | May 14, 2022 |
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Communications
From: Samuel Sinyangwe
To Whom It May Concern:
Pursuant to the Mississippi Public Records Act, I hereby request the following records:
A spreadsheet listing all officer-involved shootings investigated by or otherwise reported to your agency that occurred from 2013-2021, including incident-level information specifying the date of each incident, race and gender of all subjects involved, what weapon if any they were armed with, any injuries or deaths resulting from the incident, the names of all officers involved, whether administrative investigations found the incidents to be justified under police department policy and any disciplinary actions taken against the officers as a result of the incident. If all aspects of this request are not available, please provide all relevant information responsive to this request.
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,
Samuel Sinyangwe
From: Mississippi Department of Public Safety
Mr. Sinyangwe,
Please be advised that the information you requested does not constitute a data field maintained as a regularly kept business record by the Mississippi Bureau of Investigation or the Mississippi Department of Public Safety. As such, your request does not constitute an "identifiable record" maintained by the MDPS under the Mississippi Public Records Act of 1983. (See R-14-001 Miller v. Rankin County School District and R-14-034 Ellis v. Rankin County School District). Furthermore, the MDPS has no duty to create such a record under the law. (See MS AG Op., Robertson (October 13, 2006), 2006 WL 3824125). Therefore, the MDPS cannot provide information responsive to your request.
We can provide you a redacted copy of the incident reports for a fee of $20.00/each. We have located thirty-five OIS incidents from 2016 through 2021 and are working on years 2013 through 2015. Please advise if you wish us to continue with this request.
Respectfully,
R.E. Wentworth, Legal Asst.
MS Dept. of Public Safety, Legal Dept.
From: Mississippi Department of Public Safety
In addition, the incident reports would be redacted to remove personal identifying information of victims and witness and to remove medical information, autopsy information, criminal history information and driver's license information. Provided below are the statutes regarding redactions for this case file:
* Miss. Code Ann. §19-5-319: Certain information related to 911 calls, including 911 call recordings
* Miss. Code Ann. §25-61-3(f) (Miss. Code Ann. §25-61-12(2): "Investigative reports"
* Miss. Code Ann. §25-61-12(1): Home addresses, telephone numbers and other private information of law enforcement officers, criminal investigators, judges, district attorneys, as well as such information for the spouses and children thereof
* Miss. Code Ann. §25-61-12(3): personal information of victims
* 18 U.S.C.A. § 2721: "Personal information," as defined in 18 U.S.C. 2725(3), and "highly restricted personal information," as defined in 18 U.S.C. 2725(4), about any individual obtained by the department in connection with a motor vehicle record.
* Miss. Code Ann. § 41-61-63: Duties of state medical examiner; completion of death certificate; medical examiner not to favor particular. The records copied shall be maintained as confidential so as to protect the doctor/patient privilege. The medical examiners shall be authorized to request the issuance of subpoenas, through the proper court, for the attendance of persons and for the production of documents as may be required by their investigation.
* Miss. Code Ann. § 25-62-3. Public agency prohibitions. Personal information shall be exempt from disclosure under the Mississippi Public Records Act.
* Miss. Code Ann. § 41-61-66: Christian's Law; establishment; definitions; confidentiality; exemptions and exceptions; court orders; construction. Autopsy media records are confidential subject to the provisions of this section. The custodian of the autopsy medical records, or his or her designee, may not permit any person or entity, unless authorized by this section or court order pursuant to this section, to access autopsy media records. In all cases, the viewing, copying, listening to and/or other handling of autopsy media records must be under the direct supervision of the custodian of the record or his or her designee.
* Miss. Code Ann. § 45-27-12: Dissemination of certain criminal history record information for noncriminal justice purposes
* Miss. Code Ann. §41-61-65(1): specifically states that Mississippi Department of Public Safety shall only furnish a copy of the autopsy report to the authorizing medical examiner, district attorney, court clerk, or "to one (1) adult member of the immediate family of the deceased or the legal representative or legal guardian of members of the immediate family of the deceased upon request." Therefore, the Mississippi Department of Public Safety cannot provide a copy of the autopsy report or the contents thereof. However, please also be advised that any autopsy reports performed by the authorizing medical examiner may be on file in the circuit clerk's office and are subject to public inspection. (See Op.Atty.Gen. Johnson, Nov. 18, 1992.) Therefore, the information you requested may be accessible by contacting the circuit clerk's office of that county.
* Miss. Code. Ann. § 41-91-11: (1) Data obtained under this chapter directly from the medical records of a patient is for the confidential use of the department and the persons or public or private entities that the department determines are necessary to carry out the intent of this chapter. The data is privileged and may not be divulged or made public in a manner that discloses the identity of an individual whose medical records have been used for obtaining data under this chapter. (2) Information that may identify an individual whose medical records have been used for obtaining data under this chapter is not available for public inspection under the Mississippi Public Records Act of 1983.
Respectfully,
R.E. Wentworth, Legal Asst.
MS Dept. of Public Safety, Legal Dept.
From: Samuel Sinyangwe
Hi, thanks for sending this. Please send the full cost to obtain the redacted copies of the incident reports and I’ll pay the invoice.
Thanks,
Sam
From: Mississippi Department of Public Safety
Mr. Sinyangwe,
We believe we will be able to look through the 2013, 2014, and 2015 case files (not electronically stored) on or before close of business, Friday, May 27, 2022. We will send you an invoice at that time. Thank you for your patience with this matter.
Respectfully,
R.E. Wentworth, Legal Asst.
MS Dept. of Public Safety, Legal Dept.
From: Mississippi Department of Public Safety
Mr. Sinyangwe,
I was just provided an update that the case files being manually pulled and sorted through will take more time than previously thought. I am now informed they can go through the files and locate the incident reports being sought by end of next week. It will take an additional few days to redact all PII from the reports. I am estimating an invoice date of Monday, June 6, 2022. I should be able to have the redactions completed by end of that week, Friday, June 10, 2022.
Respectfully,
R.E. Wentworth, Legal Asst.
MS Dept. of Public Safety, Legal Dept.
From: Mississippi Department of Public Safety
Mr. Sinyangwe,
Please see the attached invoice regarding your request.
Respectfully,
R.E. Wentworth, Legal Asst.
MS Dept. of Public Safety, Legal Dept.
From: Samuel Sinyangwe
To Whom It May Concern:
Please find enclosed a check for $1605.00 to satisfy the fee associated with the attached public records request.
Thank you.
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Mississippi Public Records Act request, copied below, and originally submitted on May 14, 2022. You had previously indicated that it would be completed on May 27, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Mississippi Department of Public Safety
To Whom It May Concern,
On May 26, 2022, an update was provided regarding this request relating it would take up to June 10, 2022 to complete. (SEE attached prior correspondence)
From: Muckrock Staff
To Whom It May Concern:
I'm following up on the following Mississippi Public Records Act request, copied below, and originally submitted on May 14, 2022. You had previously indicated that it would be completed on May 27, 2022. I wanted to check on the status of my request, and to see if there was a new estimated completion date.
Thanks for your help, and let me know if further clarification is needed.
From: Mississippi Department of Public Safety
To Whom It May Concern,
On May 26, 2022, an update was provided regarding this request relating it would take up to June 10, 2022 to complete. (SEE attached prior correspondence)
On June 1, 2022, an invoice was emailed to you. (SEE attached invoice)
On January 12, 2023, we erroneously received a follow-up to this request which was answered. (SEE attached prior correspondence)
Today, we received this current erroneous follow-up. It is curious that we are receiving follow-ups at all, but more so because they do not include the original email thread with our responses.
As related in our last correspondence on January 12, 2023, the invoice has not been paid. Therefore, the information has not been sent.
Future erroneous follow-ups for this request for which the invoice has not been satisfied will not receive a response.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
From: Samuel Sinyangwe
To Whom It May Concern:
Please find enclosed a check for $1605.00 to satisfy the fee associated with the attached public records request.
Thank you.
From: Samuel Sinyangwe
Hi, thanks for sending this. I just sent payment for the invoice, which should arrive soon. I look forward to receiving the documents requested. Thank you!
-Sam
From: Mississippi Department of Public Safety
Please see the attached information received in the MS Dept. of Public Safety Headquarters’ Legal Dept this date, February 2, 2023.
We received a hand-mail envelope from MS Highway Safety Patrol Troop K (Harrison Co, MS) containing an opened envelope from MuckRock News with a sticky note displaying “No check Enclosed”. The letter inside the envelope relates payment was in the envelope. The letter was addressed to the following address:
MISSISSPPI DEPARTMENT OF PUBLIC SAFETY
PRA OFFICE
16741 HIGHWAY 67
BILOXI, MS 39532-7555
The invoice we sent 06/01/2022 was included in the response within the envelope which displays the instructions for payment at the bottom of the invoice as:
You may make payment in person at 1900 Woodrow Wilson East, Jackson, MS 39216 or to Department of Public Safety, ATTN: Legal Dept., P.O. Box 958, Jackson, MS 39205-0958.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
Department of Public Safety
Legal Dept
P.O. Box 958
Jackson, MS 39205
From: Mississippi Department of Public Safety
Samuel Sinyangwe,
We received your payment. However, after reviewing OIS files, I believe I have found a discrepancy in the information we related we have and the information we have currently located. I believe there is more information available, which is why have not yet processed your payment, and why it has taken a bit longer to produce the information responsive. Would you please call me at 601-987-1436 to discuss.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
From: Mississippi Department of Public Safety
Mr. Sinyangwe,
Thank you for the phone call earlier today. To recap our conversation, we will be providing all OIS incident reports and/or case reports/files we have redacted from 2010 forward. We expect to have this completed on or before close of business April 30, 2023. All fees associated with this matter will be waived. We will NOT be processing the payment we received from you. The check we received has been shredded. Thank you for working with us on this matter. We are looking forward to getting you this information and completing this request.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
From: Samuel Sinyangwe
Thank you for sending this. I’m looking forward to receiving this information.
Best,
Sam
From: Mississippi Department of Public Safety
[Share image]
Robert E. Wentworth shared a folder with you
Samuel Sinyangwe,
Please use this link to access and download all redacted MBI case reports we have regarding OIS matters.
The link will expire May 22, 2023, and it will not be renewed.
<https://dpsmsgov.sharepoint.com/:f:/s/Legal/Eolx6stKvbRItcJSOsy8R5YBz3O1jWZZYq7GZsnTXaP91A?e=5%3AN6BRSJ>
[icon] OIS, Redacted
[permission globe icon] This link will work for anyone with the password.
Open <https://dpsmsgov.sharepoint.com/:f:/s/Legal/Eolx6stKvbRItcJSOsy8R5YBz3O1jWZZYq7GZsnTXaP91A?e=5%3AN6BRSJ>
[Microsoft logo] Privacy Statement <https://privacy.microsoft.com/privacystatement\>
CONFIDENTIALITY NOTICE: This e-mail message, including any attachments, is for the sole use of the intended recipient(s) and may contain confidential and privileged information. Any unauthorized review, use, disclosure or distribution is prohibited. If you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original message.
From: Mississippi Department of Public Safety
Samuel Sinyangwe,
You have been emailed a link through which you can access and download all redacted MBI case reports we have regarding OIS matters.
The link will expire May 22, 2023, and it will not be renewed.
The password is MBI-OIS2023JS.
Respectfully,
R.E. Wentworth
Public Records Administrator
MS Dept. of Public Safety, Legal Dept.
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