Plymouth use of force data 2020-2021
| Submitted | June 19, 2023 |
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Communications
From: Samuel Sinyangwe
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 2020-2021 (for example, "310 total use of force incidents in 2020, 338 total use of force incidents in 2021, etc.)
2. the total number of use of force incidents, separated by year and by type of force used from 2020-2021 (for example, "27 taser incidents in 2020, 3 baton incidents in 2020, etc.)
3. the total number of civilian complaints alleging any form of law enforcement misconduct that were reported and the total number sustained, separated by year, from 2020-2021 (for example, 8 complaints in 2020, 2 complaints sustained in 2020, 4 complaints in 2021, 1 complaint sustained in 2021, etc.)
4. the total number of civilian complaints alleging law enforcement use of excessive force that were reported and the total number sustained from 2020-2021, separated by year
5. the total number of civilian complaints alleging biased policing or racial profiling that were reported and the total number sustained from 2020-2021, separated by year
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, processed by a representative of the news media/press and is made in the process of news gathering and not 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
From: Plymouth Police Department
Mr. Sinyangwe:
The Town of Plymouth Police Department is in receipt of your public records request to the Department, dated Monday June 19th, 2023 and received on the following day related to numerous records concerning use of force incidents and civilian complaints for the years 2020 and 2021.
As a general matter, please be advised that the Department’s duty to respond to records requests extends only to records that are in existence and in its custody, and the Department is under no obligation to create records in response to your request. Furthermore, the Department is not required to answer questions in response to a public records request. See “A Guide to the Massachusetts Public Records Law,” February 2022, Secretary of the Commonwealth, p. 41. While the Department will provide an electronic extraction of data from our records management system to the best of our ability and the extent required by law, we may be limited in our ability to compile requested data using the precise formatting parameters demanded by requestors.
Where permitted by law, however, please be advised that such records or material contained therein may be withheld or redacted under any of the exemptions to the Public Records Law, other applicable provisions of law, and/or common law privileges, such as the attorney-client privilege. See, e.g., G.L. c. 4, §7(26); Suffolk Construction Co. v. Div. of Capital Asset Management, 449 Mass. 444, 449-450 (2007); 950 CMR 32.06(3). At this point in time, as your request simply asks for numerical data, we do not anticipate any redactions will be required. In addition, we also do not anticipate your request ill trigger a fee estimate, but we reserve the ability to further reply with a fee estimate within ten business days of receipt of your request.
However, we are informing you that we require additional time past the usual ten business day limit to the extent permitted by per G.L. c. 66, §10(b)(vi). In addition to numerous employee and staff time-off approved prior to the receipt of this request--including staff having custody over use-of-force records--the Plymouth Police Department is moving its Public Safety Answering Point on June 30th, 2023 to the Plymouth County Sheriff’s Department. This move is labor intensive and given records-related functions like computer-aided dispatch will be greatly impacted, we suspect we will have any responsive records back to you by the second full week of July. If we can provide you with the requested records earlier, we will do so.
As required by law, should you seek suggestions to complete your request more efficiently and affordably, please do not hesitate to contact me. You may appeal this response to the Supervisor of Public Records, pursuant to 950 CMR 32.08(1). By law, the Supervisor is required to respond within 10 business days of 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).
In closing, please do not hesitate to contact me should you have any questions.
Sergeant Benjamin Dexter
Sergeant of Records
Plymouth Police Department
20 Long Pond Road
Plymouth, MA 02360
P: (508) 830-4218, ext. 216
F: (508) 830-4227
From: Muckrock Staff
To Whom It May Concern:
I wanted to follow up on the following Massachusetts Public Records Law request, copied below, and originally submitted on June 19, 2023. 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: Plymouth Police Department
Mr. Singyangwe,
First and foremost, thank you for your patience in our getting this request to you.
As you may know, Massachusetts Public Records law only requires a custodian to produce responsive records in existence and does not require a custodian to create a record or answer questions in response to a request. Nonetheless, I believe the database extraction and the summary below should fulfill all aspects of your request. No information has been redacted or withheld.
Paragraph 3 – Civilian Complaints:
Total Complaints: 2020 – 25; 2021 – 26
Total Sustained: 2020 – 5; 2021 - 7
Paragraph 4 – Civilian Complaints of Excessive Force:
Total Complaints: 2020 – 1; 2021 – 0
Total Sustained: 2020 – 0; 2021 – 0
Paragraph 5 - Civilian Complaints of Biased Policing/Racial Profiling:
Total Complaints: 2020 – 0; 2021 – 0
Total Sustained: 2020 – 0; 2021 – 0
At this time, I am considering your request complete and the matter closed. Please let me know if you have any additional questions.
Sergeant Benjamin Dexter
Sergeant of Records
Plymouth Police Department
20 Long Pond Road
Plymouth, MA 02360
P: (508) 830-4218, ext. 216
F: (508) 830-4227
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