NeverAgainIsNow Action - Rhode Island 8/14/2019
| Submitted | Aug. 16, 2019 |
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Communications
From: Russel Neiss
To Whom It May Concern:
Pursuant to the Rhode Island Access to Public Records Act, I hereby request the following records:
Copies of any incident reports, logbook entry copies, background support documentation, witness statements, use of force reports, investigation materials, or related correspondence drafted on August 14, 2019 or August 15, 2019 relating to the widely reported protest at the David W. Wyatt Detention Facility on the evening of August 14, 2019.
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 10 business days, as the statute requires.
Sincerely,
Russel Neiss
From: Central Falls Police Department
August 28, 2019
Mr. Russel Neiss
MuckRock News
DEPT MR 79047
411A Highland Ave
Somerville, MA 02144-2516
RE: ACCESS TO PUBLIC RECORDS REQUEST
Dear Mr. Andrade:
The City of Central Falls received your request's for copies of certain public records on August 16, 2019. Due to the extensive amount of research pertaining to your requests the City has good cause to extend the ten (10) day time period by an additional twenty (20) days. Please note this is not a denial of your request to review the requested documentation. Thank you for your time and cooperation.
Very truly yours,
Lisa A. Dias, on behalf of
Matthew T. Jerzyk,
City Solicitor
Lisa Dias
Human Resources/Legal Department Clerk
City of Central Falls
580 Broad Street
Central Falls, RI 02863
P: (401)727-7405 HR
P: (401)727-7490 Legal
F: (401)727-7422
www.centralfallsri.us<http://www.centralfallsri.us/>
Ldias@centralfallsri.us<mailto:Ldias@centralfallsri.us>
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Outlook-1482335068
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Rhode Island Access to Public Records Act request, copied below, and originally submitted on Aug. 16, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Rhode Island Access to Public Records Act request, copied below, and originally submitted on Aug. 16, 2019. Please let me know when I can expect to receive a response.
Thanks for your help, and let me know if further clarification is needed.
From: Central Falls Police Department
September 27, 2019
*Sent via email to *requests@muckrock.com
RE: ACCESS TO PUBLIC RECORDS REQUEST
To Whom It May Concern:
This Department’s review of your August 16, 2019 Access to Public Records
Act (“APRA”) request is complete. Specifically, you seek the following:
"Copies of any incident reports, logbook entry copies, background support
documentation, witness statements, use of force reports, investigation
materials, or related correspondence drafted on August 14, 2019 or August
15, 2019 relating to the widely reported protest at the David W. Wyatt
Detention Facility on the evening of August 14, 2019."
Upon a review of the files maintained and possessed by the Central Falls
Police Department, we have determined that the Department does possess
records that are responsive to your request. These records are not
releasable at this time. R.I. Gen. Laws § 38-2-2(4)(D)(a) exempts records
in law enforcement files that could reasonably be expected to interfere
with investigations of criminal activity or with enforcement proceedings.
The investigative records you requested are still being investigated. As
such, any incident or investigative reports are exempt from
disclosure. In *The
Providence Journal Company, et al v. Town of West Warwick*, et al, 2004 WL
1770102 (R.I. 22 July 2004), the Court upheld the denial of investigative
reports, police narratives and other related documents that were
"specifically developed and prepared for criminal investigative purposes."
In addition, certain records are not being released pursuant to R.I. Gen.
Laws § 38-2-2(4)(M).
The decision of this Department can be appealed pursuant to R.I. Gen. Laws
§ 38-2-8 by appealing this decision to the Mayor of the City of Central
Falls, James A. Diossa, City of Central Falls, 580 Broad Street, Central
Falls, RI 02863. You may also file a complaint with the Department of
Attorney General, 150 South Main Street, Providence, RI 02903, or the
Providence County Superior Court.
Thank you for your time and cooperation.
Very truly yours,
/s/Matthew T. Jerzyk
City Solicitor
~~~~~~~~~~~~~~
Matthew Jerzyk, Esq.
*William A. Farrell & Associates LLC* 50 Park Row West Suite 100
Providence, RI 02903
Email: mjerzyk@wafarrell.com
*Central Falls City Solicitor* 580 Broad Street Central Falls, RI 02863
E-mail: mjerzyk@centralfallsri.us
Phone: 401-556-7412
*NOTE: The information contained in this electronic message may be legally
privileged and confidential under applicable law, and is intended only for
the use of the individual or entity named above. If the recipient of this
message is not the above-named intended recipient, you are hereby notified
that any dissemination, copy or disclosure of this communication is
strictly prohibited. If you have received this communication in error,
please notify me and purge the communication immediately without making any
copy or distribution. *