Police Data Collection Request (2016-2019)

Dear Mr. Singyangwe,

I am writing on behalf of the New Bedford Police Department (hereinafter referred to as "the Department") in response to your recent request for public records made pursuant to the provisions of G.L. c. 66, § 10 (hereinafter referred to as "the Massachusetts Public Records Law"). Your request, received by the Department on July 23, 2023, was as follows:

To Whom It May Concern:

Pursuant to the Massachusetts Public Records Law, I hereby request the following records:

1. the total number of use of force incidents, separated by year, from 2016-2019 (for example, 302 use of force incidents in 2016, 287 use of force incidents in 2017, etc.)

2. the total number of use of force incidents, separated by type of force and year used from 2016-2019 (for example, information that specifies the number of taser incidents in 2016, baton incidents in 2016, etc.)

3. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained from 2016-2019.

4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2016-2019.

5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2016-2019.

6. the total number of civilian complaints alleging criminal conduct that were reported and the total number sustained from 2016-2019.

When available, I would appreciate being sent individualized data for each item in this request in spreadsheet format. If individualized data are unavailable, please send information that includes aggregate statistics for the item instead.

Note that my requests for civilian complaints are specifically for civilian complaints alleging police misconduct, please do not include complaints filed by one officer/the department against another officer.

I also request that, if appropriate, fees be waived as we believe this request is in the public interest, as suggested but not stipulated by the recommendations of the Massachusetts Supervisor of Public Records. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, and is not made for commercial usage.

I expect the request to be filled in an accessible format, including for screen readers, which provide text-to-speech for persons unable to read print. Files that are not accessible to screen readers include, for example, .pdf image files as well as physical 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. 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,

Samuel Sinyangwe
After searching its departmental database, the Department has identified records in its possession matching the specifications given in your July 23rd request. As a preliminary matter, the Department is not able to query its database using the phrase "criminal conduct," and, due to this, it is unable to provide responsive records to item 6 of your request. For items 1-5 of your request, however, the Department has provided records matching your given specifications accordingly.

You have the right to appeal this response to the Supervisor of Records under 950 CMR 32.08(1) within 90 calendar days of receipt of this response. Any appeal shall be in writing and include a copy of your original request as well as this correspondence. By law, the Supervisor is required to respond within 10 business days from receipt of your appeal. You may also seek judicial review of an unfavorable response by commencing a civil action in the Superior Court under G.L. c. 66, § 10A(c).

Sincerely,

Nicholas DeMarco

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Nicholas DeMarco
Associate City Solicitor
City of New Bedford | Solicitors Office
133 William Street, New Bedford, MA 02740