Cubilette-Polanco Records (New York City Police Department)
| Tracking # |
FOIL-2019-056-10544 |
| Multi Request | Cubilette-Polanco Records |
| Submitted | June 12, 2019 |
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Communications
From: Jimmy Tobias
To Whom It May Concern:
Pursuant to the New York Freedom of Information Law, I hereby request the following records:
Any and all records, videos, text messages, emails, written notes, or other documents related to the arrest, detention, solitary confinement and/or death of Layleen Cubilette-Polanco, a transgender woman who was arrested in New York in April 2019 and sent to New York's Rikers Island jail, where she died in June of this year.
You can read more about her case here: https://www.cnn.com/2019/06/11/us/transgender-woman-dies-rikers-island/index.html
I am a reporter for The Nation magazine.
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 5 business days, as the statute requires.
Sincerely,
Jimmy Tobias
From: New York City Police Department
Your request FOIL-2019-056-10544 has been successfully submitted to the New York City Police Department (NYPD). The details of your request are shown below.
Request Title: Cubilette-Polanco Records (New York City Police Department)
Request Description: Other Request
Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description:
To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:Any and all records, videos, text messages, emails, written notes, or other documents related to the arrest, detention, solitary confinement and/or death of Layleen Cubilette-Polanco, a transgender woman who was arrested in New York in April 2019 and sent to New York's Rikers Island jail, where she died in June of this year.You can read more about her case here: https://www.cnn.com/2019/06/11/us/transgender-woman-dies-rikers-island/index.htmlI am a reporter for The Nation magazine.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 5 business days, as the statute requires.Sincerely,Jimmy Tobias
Requester's Contact Information
Name:
Jimmy Tobias
Title:
Not provided
Organization:
Not provided
Email:
requests@muckrock.com (mailto:requests@muckrock.com)
Phone Number:
Not provided
Fax Number:
Not provided
Street Address (line 1):
Not provided
Street Address (line 2):
Not provided
City:
Not provided
State:
Not provided
Zip Code:
Not provided
You can view the request and take any necessary action at the following webpage: https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-10544. (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-10544)
From: New York City Police Department
The New York City Police Department (NYPD) has acknowledged your FOIL request FOIL-2019-056-10544. (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-10544)
You can expect a response on or about Wednesday, November 6, 2019.
Additional Information:
Your request has been assigned to Detective Halk (646-610-6430)
Please visit FOIL-2019-056-10544 to view additional information and take any necessary action. (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-10544)
Request Information:
Request Title: Cubilette-Polanco Records (New York City Police Department)
Request Description: Other Request Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description: To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:Any and all records, videos, text messages, emails, written notes, or other documents related to the arrest, detention, solitary confinement and/or death of Layleen Cubilette-Polanco, a transgender woman who was arrested in New York in April 2019 and sent to New York's Rikers Island jail, where she died in June of this year.You can read more about her case here: https://www.cnn.com/2019/06/11/us/transgender-woman-dies-rikers-island/index.htmlI am a reporter for The Nation magazine.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 5 business days, as the statute requires.Sincerely,Jimmy Tobias
From: New York City Police Department
The New York City Police Department (NYPD) has closed your FOIL request FOIL-2019-056-10544 for the following reasons: (https://a860-openrecords.nyc.gov/request/view/FOIL-2019-056-10544) In regard to the document(s) which you requested, I must deny access to these records on the basis of Public Officers Law Section 87(2)(b) as such information, if disclosed, would constitute an unwarranted invasion of personal privacy. In regard to the document(s) which you requested, I must deny access to these records on the basis of Public Officers Law Section 87(2)(e)(i) as such records/information, if disclosed would interfere with law enforcement investigations or judicial proceedings.
* Additionally, certain records should be requested from the New York City Department of Corrections.
You may appeal the decision to deny access to material that was redacted in part or withheld in entirety by contacting the agency's FOIL Appeals Officer: foilappeals@nypd.org within 30 days. (mailto:foilappeals@nypd.org?subject=FOIL-2019-056-10544%20-%20Appeal)
Request Information:
Request Title: Cubilette-Polanco Records (New York City Police Department)
Request Description: Other Request Other Request
Type of Request:
Report #:
Date:
Time:
Precinct:
Location:
Description: To Whom It May Concern:Pursuant to the New York Freedom of Information Law, I hereby request the following records:Any and all records, videos, text messages, emails, written notes, or other documents related to the arrest, detention, solitary confinement and/or death of Layleen Cubilette-Polanco, a transgender woman who was arrested in New York in April 2019 and sent to New York's Rikers Island jail, where she died in June of this year.You can read more about her case here: https://www.cnn.com/2019/06/11/us/transgender-woman-dies-rikers-island/index.htmlI am a reporter for The Nation magazine.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 5 business days, as the statute requires.Sincerely,Jimmy Tobias
From: Jimmy Tobias
To Whom It May Concern:
I am writing to appeal the NYPD's denial of my FOIL request. The FOIL request in question is FOIL-2019-056-10544.
NYPD denied my request on two grounds. It claims that my request would interfere with law enforcement investigations or judicial proceedings. Under FOIL, the agency has "the burden of proving that such record falls within the provisions of such subdivision two." The department has provided no such proof, and therefore I am entitled to obtain the records I seek or to obtain a written justification explaining how exactly the release of the records would constitute an interference with law enforcement investigations and judicial proceedings.
The NYPD also denied my request on the grounds that releasing relevant records would constitute an unwarranted invasion of personal privacy. As the subject of my request, Layleen Cubilette-Polanco, is deceased, this FOIL's personal privacy provision does not apply.
Please acknowledge request of my appeal as soon as possible. If you have any questions or concerns you can contact me at 248-763-0088 or jtoby87@gmail.com. Thank you very much.
Sincerely,
Jimmy Tobias
The Nation Magazine
From: New York City Police Department
Mr. Tobias,
Please see attached appeal determination. Thank you.
Respectfully,
Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
-
~WRD000
From: Jimmy Tobias
Hello Mr. Mazur,
This determination letter you sent me today must have been sent in error. It claims that NYPD sent me a determination on July 8, 2018 concerning my FOIL request. But that is simply untrue. I did not receive an email from the NYPD denying my initial FOIL request until July 23, 2019. As soon as I received your determination letter I started drafting a response, and filed my appeal on August 12, 2019, well before the 30 day limit was up. I did not file my appeal on August 8, 2019 as your letter erroneously states.
Please reverse your decision on this matter as the facts states in your appeal denial letter are simply untrue.
Thank you very much.
Sincerely,
Jimmy Tobias
248-763-0088
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following New York Freedom of Information Law request, copied below, and originally submitted on June 12, 2019. Please let me know when I can expect to receive a response. You had assigned it reference number #FOIL-2019-056-10544.
Thanks for your help, and let me know if further clarification is needed.
From: New York City Police Department
Sir:
A appeal determination was issued for your appeal of this request on August 14, 2019 (see attached). No additional consideration shall be given to this request as the decision was a final agency determination.
Respectfully,
Jordan S. Mazur, Esq.
Sergeant
Records Access Appeals Officer
NYPD Legal Bureau
1 Police Plaza, Room 1406
New York, NY 10038
FOILAppeals@NYPD.org
CONFIDENTIALITY NOTICE: This email and any attachments may contain confidential and privileged information for the use of the designated recipient(s) named above. If you are not the intended recipient, you are hereby notified that you have received this communication in error and that any review, use or disclosure of it or its contents is prohibited and may violate laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of this communication. Please treat this and all other communications from the New York City Police Department as LAW ENFORCEMENT SENSITIVE / FOR OFFICIAL USE ONLY.
-
~WRD000
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