Chad Washington's arrest record
| Tracking # |
14PL105084 |
| Submitted | Oct. 14, 2013 |
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Communications
From: Conor Skelding
To Whom It May Concern:
Pursuant to the New York State Freedom of Information Law (1977 N.Y. Laws ch. 933), I hereby request the following records:
I seek the record of Chad Washington's May 7, 2013 arrest for aggravated harassment as a hate crime in the 26th Precinct. The relevant arrest number is M13641084, and the relevant CJTN is 66044434L.
I also request that, if appropriate, fees be waived as I believe this request is in the public interest. The requested documents will be made available to the general public free of charge as part of the public information service at MuckRock.com, processed by a representative of the news media/press and is made in the process of news gathering and not for commercial usage.
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 look forward to receiving your response to this request within 5 business days, as the statute requires.
Sincerely,
Conor Skelding
From: New York City Police Department
An acknowledgement letter, stating the request is being processed.
From: Conor Skelding
To Whom It May Concern:
Please confirm the receipt of this request and provide an estimate processing time.
Sincerely,
Conor Skelding
From: New York City Police Department
The request has been rejected, with the agency stating that the information or document(s) requested are exempt from disclosure.
From: New York City Police Department
An interim response, stating the request is being processed.
From: New York City Police Department
The request has been rejected as being too vague, burdensome or otherwise unprocessable.
From: Conor Skelding
To Whom It May Concern:
This is an appeal for 2013-PL-7938, which was rejected via attached letter dated November 14, 2013.
Lieutenant Mantellino's grounds for rejecting this request are untenable. My request for the arrest rep3ort of Chad Washington in May 2013 is not only a routine request but seeks records that are squarely within the realm of releasable records.
In 2005, the New York Committee on Open Government issued an advisory opinion in a nearly identical case (available here:http://docs.dos.ny.gov/coog/ftext/f14554.htm). Just as in this case, NYPD FOIL rejected a request for arrest documents on the grounds that the documents "would interfere with law enforcement investigations or judicial proceedings."
In that advisory opinion, the Committee on Open Government referred NYPD to the finding in Gould that "a categorical denial of access to records is inconsistent with the requirements of the Freedom of Information Law."
This is a similarly categorical denial without consideration for releasable portions of the document.
Please review this request and provide those portions of the requested documents that can be properly released under FOIL.
Thank you,
Conor Skelding
From: New York City Police Department
A letter stating that the request appeal has been rejected.
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